Kalpna Kumari v. State of Himachal Pradesh, Through Secretary (Home) to the Government of Himachal Pradesh
2022-08-05
A.A.SAYED, JYOTSNA REWAL DUA
body2022
DigiLaw.ai
ORDER : The petition has been filed by the petitioner, seeking the following reliefs : “i. That a writ of mandamus may kindly be issued to the respondent No. 3 and respondent No. 2 for allowing the petitioner to appear in the Interview Board for the post of Police Constable against roll No. 03264, Chest No. 1340 under OBC Category and to declare her result as per common merit list. ii. That the writ of mandamus may kindly be issued to consider the case of the petitioner for fresh interview and her result may kindly be declared by drawing common merit list of the OBC Category.” 2. Applications were invited in online format for the posts of constables district-wise by the Himachal Pradesh Police Department on 03.03.2019, pursuant to which, the petitioner applied for the said post in Mandi District under OBC (UR) (Female). The petitioner qualified the physical and written test and was called for interview. However, on scrutiny of her documents by the respondents, it transpired that her OBC & Non-Creamy Layer Certificate dated 07.07.2017, which was uploaded online by the petitioner at the time of submission of her application, was valid only for one year i.e. upto 06.07.2018. 3. The learned Additional Advocate General has invited our attention to Annexure R-1 to the affidavit in reply filed on behalf of respondent Nos.1 to 3, which is a copy of Government order dated 14th September, 2016, which states that the validity period of Creamy Layer Certificate in respect of Other Backward Class Categories shall be for a period of one year as per instruction/clarification of Revenue Department in the Himachal Pradesh Land Records Manual, 1972. 4. Thus, even prior to the submission of the OBC & Non-Creamy Layer Certificate online on 13.04.2019 by the petitioner the validity of her OBC & Non-Creamy Layer Certificate had already expired. The Recruitment Notice inter alia stipulated the Reserve Category Certificate of the candidate must be valid as on date of submission of the application form. In the circumstances, no fault can be found in the act of the respondents not calling the petitioner for interview. 5. Quite apart from the above, on perusal of affidavit in reply to the interim application CMP No.11244 of 2019, we find that two posts for OBC(UR) (Female) have already been filled up. The recruitment process started somewhere in the month of March, 2019.
5. Quite apart from the above, on perusal of affidavit in reply to the interim application CMP No.11244 of 2019, we find that two posts for OBC(UR) (Female) have already been filled up. The recruitment process started somewhere in the month of March, 2019. There has been no ad-interim relief in favour of the petitioner in the said CMP No.11244 of 2019 till date. The petitioner has not impleaded the two candidates, who already stand appointed on the two posts of OBC(UR) (Female), after undergoing training, as party respondents. The fact that the petitioner was in possession of a fresh OBC & Non-Creamy Layer Certificate which was of later date (i.e. after the date of submission of the earlier Certificate) does not assist the case of the petitioner as she was required to submit a valid Certificate at the time of uploading the application. The judgment of the Supreme Court in Ram Kumar Gijroya vs. Delhi Subordinate Services Selection Board and another, (2016) 4 SCC 754 relied upon by the learned counsel for the petitioner would have no application in the facts of the present case, particularly when the two candidates who were appointed, also belong to the OBC (UR) (Female) category. 6. For the aforesaid reasons, no case is made out to grant any relief to the petitioner. The writ petition is accordingly dismissed. The pending application(s), if any, also to stand disposed of.