UNION OF INDIA Vs. ABDUL RASHEED

JUDGEMENT

(1.) This writ appeal is preferred by the Union of India and the Staff Selection Commission against the judgment of the learned single Judge directing the appointment of the respondent and his adjustment in an available vacancy, if found otherwise eligible. The candidature of the respondent in the post of Sub Inspector in Delhi Police and Central Armed Police Forces (CAPFs) and Assistant Sub Inspector in CISF had been rejected by the appellants on the ground that the OBC certificate produced by him was issued 180 days after the closing date of the application. The respondent was an applicant pursuant to the notification dated 28.3.2015. The last date of application was 2.5.2015.

(2.) Clause 4(C) of the notification provided as follows:

(3.) The respondent was qualified in the written test and attended the Medical Board in which also he was cleared. By Exhibit P7 call letter, he was required to attend an interview on 7.12.2015. Though the first respondent was in possession of Exhibit P8 community certificate dated 20.4.2015, since a certificate was required to be produced in the format prescribed by the notification, he had procured Exhibit P9 dated 1.12.2015 and had produced it at the time of interview. However, his application was rejected stating that the OBC certificate was not issued within the stipulated date fixed for as per the notification and that he was over aged under the general category. Exhibit P10 rejection was under challenge in the writ petition on the ground that the rejection was contrary to the requirements of the notification.