RISHABH TOMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Sri Karan Anand, learned counsel for the petitioner, and Sri Vikas Pandey, learned Standing Counsel for the State Government and, with their consent, the writ petition is disposed of at the stage of admission.

(2.) The petitioner has invoked the jurisdiction of this Court seeking a writ of certiorari to quash the rejection list/order dated 31.01.2020, whereby the claim of the petitioner was rejected for not submitting the newly issued caste certificate at the time of submitting his original application form; and a writ of mandamus directing the respondents to consider the newly issued OBC certificate dated 04.02.2020 of the petitioner, which he had submitted through e-mail dated 05.02.2020, and to permit him to appear in the interview to be conducted on 28.02.2020.

(3.) Facts, to the limited extent necessary, are that the petitioner, an MBBS Graduate, applied for the post of Medical Officer pursuant to the advertisement dated 30.11.2019. In terms of the said advertisement, 138 posts were reserved for Scheduled Castes, 19 posts were reserved for Scheduled Tribes, 98 were reserved for Other Backward Classes, 6 posts were reserved for economically weaker sections, and 63 posts were left unreserved. The said advertisement required candidates to submit their on-line application forms before the cut-off date of 02.01.2020. Among the conditions stipulated in the advertisement was that the OBC certificate, valid as on the last date for submission of the application form (02.01.2020), should be submitted. The extant Rules, applicable in the State of Uttarakhand, stipulate that a caste certificate, issued by the competent authority, shall remain valid only for a period of three years, and not beyond. The petitioner submitted his OBC certificate dated 18.09.2008 along with his on-line application form. Since this certificate dated 18.09.2008 ceased to remain in force after 18.09.2011, in terms of the applicable Rules, the second respondent issued proceedings dated 31.01.2020 rejecting his candidature for not having submitted a valid OBC certificate. The said proceedings dated 31.01.2020 permitted candidates, who were declared to have been disqualified, to make a representation on or before 10.02.2020. The petitioner, thereafter, secured a fresh OBC certificate dated 04.02.2020, and submitted the same to the second respondent on 05.02.2020. His representation was, however, rejected by proceedings dated 13.02.2020 on the ground that he had failed to enclose the newly issued caste certificate along with his application form submitted on-line. Aggrieved thereby, the present writ petition.