CHANDER VIJAY Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner appeared and qualified for the Central Civil Service Examination 2002, conducted by the Union Public Service Commission (UPSC). Petitioner being a `Jat' by caste and a resident of Rajasthan had applied for issuance of the Other Backward Class Certificate (OBC) Category. This certificate had been denied. Petitioner qualified even in the general category with a rank of 127. Petitioner's case is that he is entitled to the OBC Certificate and upon the same being granted, his ranking would go up and he would get a better posting.

(2.) Petitioner by this writ petition seeks a writ of certiorari, quashing notification dated 8.9.1993, 28.9.1993 and Circular dated 2.2.2001, based on which the petitioner is sought to be excluded from the benefit of the OBC category as part of the "Creamy layer". Petitioner also seeks a mandamus, directing the respondents to issue forthwith a OBC certificate for the year 2002 for the Civil Services Examination, conducted by UPSC.

(3.) By writ petition bearing No.6168/2003, apart from seeking quashing of the notifications dated 8.9.1993, 28.9.1993 and Circular dated 2.2.2001, as sought in W.P.(C).No.1085/2003, seeks quashing of the communication dated 25.3.2003, by which the Department of Personnel and Training, Government of India, on a complaint received cancelled the candidature of the petitioner even for the Civil Services Examination 2001, as an OBC candidate, following the cancellation of the OBC Certificate by the District Collector and Magistrate, Alwar. As a result of the cancellation of the OBC Certificate for the year 2001, petitioner does not qualify as a general candidate and is not entitled to get any service on the basis of the said Civil Service Examination. Vide interim order passed on 19.5.2003, it was noted that the posting of the petitioner would be subject to final decision in the writ petition.