AMRIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this writ petition, the petitioner has challenged his nonselection as Constable (Generator Operator) in the Border Security Force under the OBC category, despite passing the written examination and being declared fit in the medical examination.

(2.) In brief, the facts are that in response to an advertisement issued by Respondent No.3 on 31st August, 2018 for filling up of 23 vacancies of Constable (Generator Operator), the Petitioner herein had applied for the same. Out of these 23 vacancies, 11 were reserved for Other Backward Classes (OBCs) and apart from other qualifications mentioned therein, the requirement for candidates applying under OBC category was that the OBC certificate has to be issued on or after 1st October, 2015 i.e. three years preceding the closing date being 1st October, 2018.

(3.) The Petitioner appeared in the written examination and the result of the written examination was declared in January, 2019 and name of the Petitioner appeared at Serial No.3 under the OBC category and he was asked to appear for the second phase of the selection process, which took place between 18th February, 2019 to 22nd February, 2019. All other documents were found to be in order during document verification. However, as regards his OBC certificate, the Petitioner was informed that his certificate should have been issued after 1st October, 2015, but the certificate submitted by him was dated 29th December, 2014 and he was granted ten days time, i.e., up to 3rd March, 2019 to produce the OBC certificate issued in the prescribed format.