VISHESH KUMAR Vs. STAFF SELECTION COMMISSION

JUDGEMENT

(1.) THE petitioner applied as an OBC candidate to be appointed as a Constable in a Central Para Military Force and desires his selection to be made from amongst the OBC candidates and raises a grievance of his being treated as a candidate in the unreserved category. The petitioner asserts that having secured 73 marks, and the cut-off marks for OBC candidates being 72, he has to be issued a letter of appointment.

(2.) IN the counter affidavit filed, in paragraphs 5 and 6 it has been asserted as under:-

(3.) SUFFICE would it be to state that as against members belonging to Scheduled Castes or Scheduled Tribes, where even a billionaire would be entitled to reservation, the legal position with respect to Backward Classes is different. Creamy layers have to be excluded and thus there being a requirement of OBC certificates being issued within three years prior to the date of receipt of applications. A person may have less wealth on a particular date and may become wealthy a few years later and thereby coming within the Creamy Layer.