POONAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner responded to an advertisement issued by Uttarakhand Medical Service Selection Board, Dehradun (respondent no. 2). By the said advertisement, applications were invited for appointment to Group 'C' post of Dental Hygienist in Medical Department. The advertisement was issued on 6/10/2021 and the last date for submission of application was 6/11/2021. Petitioner claimed benefit of reservation available to Other Backward Classes, however, validity period of her O.B.C. Certificate issued on 3/10/2018, expired on 3/10/2021 i.e. just three days before issuance of the advertisement. With her application, petitioner enclosed the O.B.C. Certificate dtd. 3/10/2018; although, it had lost its validity. Petitioner was declared successful in the written examination against a post reserved for Other Backward Classes and she also participated in the process of document verification of successful candidates, however, in the final select list, which was subsequently published, petitioner's name was not included and only 13 candidates were declared as successful against 40 posts. Thus, feeling aggrieved, petitioner has filed this writ petition, seeking the following reliefs:

(3.) In the counter affidavit filed by respondent no. 2, it is stated that since validity period of O.B.C. Certificate produced by the petitioner had expired on the date she submitted application pursuant to the advertisement, therefore, her candidature was rejected and the O.B.C. Certificate subsequently issued on 12/1/2022, cannot be taken into account for considering petitioner's claim for appointment against a post reserved for O.B.C.