KRISHAN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE instant writ petition has been filed by the petitioner challenging his non-selection to the post of Sub-Inspector in the Central Police Organization Examination held in the year 2010.

(2.) THE petitioner contends that he was recruited as a Constable/GD in the CRPF on 5th April, 2003 as an OBC candidate and has been continuously serving in the organization. Pursuant to an advertisement issued in 2010, the petitioner applied for selection to the post of Sub-Inspector in Central Police Organization as an OBC candidate. The petitioner is stated to have qualified the Tier-I examination as well as the Tier-II examination conducted by the Staff Selection Commission as he met the requirements prescribed for OBC candidates. The petitioner also underwent the physical In the interview which was held on 13 th examination test. December, 2010, the petitioner had produced an OBC certificate which had been issued in the year, 2000.

(3.) IN this background, the petitioner's case, therefore, could not be considered for recruitment as an OBC candidate. The petitioner agreed that he be considered as a general category candidate. In this regard, the respondents have placed on record the undertaking dated 3rd December, 2010 submitted by the petitioner wherein it was specifically undertaken by the petitioner that though he had applied and qualified written part of the examination in the OBC category but he could not furnish the OBC certificate in the prescribed proforma in terms of the requirement of the respondents. The petitioner, therefore, gave an undertaking and requested that his category be treated as unreserved and he would not claim for OBC status in future. We may note that the petitioner also undertook that the decision taken by the commission regarding his candidature will be acceptable to him. This undertaking was never withdrawn and binds the petitioner even on date.