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2018 DIGILAW 1783 (BOM)

Ravi Balu Jadhao v. Chairman, Maharashtra State Road Transport Corporation

2018-07-24

B.P.DHARMADHIKARI, Z.A.HAQ

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JUDGMENT B.P. Dharmadhikari, J. - Heard Advocate Shri Vishal Anand for petitioner and Advocate Shri V.G. Wankhede for respondents. 2. Petitioner, who is placed at serial No. 1 in selection list, is not being appointed. The respondents contend that he did not possess non creamy layer certificate for period from 1.4.2016 till 31.3.2017. Counsel for petitioner is relying on government resolution dated 24th June, 2013 which regulates issuance of said certificate. According to him, when the income of family is below Rs. 6,00,000/- in last three years then only the certificate can be issued. With this, our attention is invited to a certificate dated 26.4.2017 to urge that such certificate which declares petitioner to be falling in non creamy layer operates retrospectively i.e. for period from 1.4.2014 onwards and hence it covers the period stipulated in advertisement. Other contention is brother of petitioner has non creamy layer certificate for same period i.e. from 1.4.2016 till 31.3.2018 and as brother is part of petitioner''s family, that certificate holds good even to determine status of petitioner. 3. Various arguments based upon these facts are advanced before us. 4. The government resolution dated 24th June, 2013 clarifies that income limit to fall in non creamy layer has been raised to Rs. 6,00,000/-. It also declares that those whose income exceeded Rs. 6,00,000/- in any one of previous three financial years, will not get said certificate. 5. The advertisement issued by respondent on 7th January, 2017 prescribes 22.6.2017 to be last date. This advertisement in Clause 13 mentions that the applicant must possess non creamy layer certificate for financial year in which advertisement is being published. It expressly, therefore, stipulates period therefor i.e. from 1.4.2016 to 31.3.2017. 6. Petitioner has non creamy layer certificate issued on 30th July, 2014 and that certificate is declared to be valid only for period up to 31.3.2015. This certificate does not contain any reference to guidelines or government resolution dated 24th June, 2013. 7. Latter non creamy layer certificate is issued to petitioner on 26.4.2017. This certificate again does not make reference to government resolution dated 24th June, 2013. It has caste certificate in "Part A". It''s "Part B" is non creamy layer certificate and the said certificate is declared to be valid for period up to 31st March, 2020 from the date of issue. 8. This certificate again does not make reference to government resolution dated 24th June, 2013. It has caste certificate in "Part A". It''s "Part B" is non creamy layer certificate and the said certificate is declared to be valid for period up to 31st March, 2020 from the date of issue. 8. Petitioner, therefore, did not have any non creamy layer certificate on the last date stipulated in advertisement for submission of application. 9. The non creamy layer certificate issued to brother of petitioner, namely, Jitendra is dated 4.4.2016 and it is stated to be valid up to 31st March, 2018. 10. However, petitioner has filed this certificate along with his application for grant of employment to Maharashtra State Road Transport Corporation. 11. The advertisement is specific. In Clause 13 it contemplates that the applicant must possess non creamy layer certificate for period from 1.4.2016 to 31.3.2017. Petitioner admittedly, does not have such certificate. He has not challenged any term or condition in advertisement. On the contrary, he has accepted it and participated in the process. 12. In this situation, effort made on the basis of non creamy layer certificate of brother or then non creamy layer certificate of latter period cannot be sustained. We find no merit in the petition. It is dismissed accordingly. No costs.