ARJUN SINGH Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) The petitioner was a candidate for the post of Constable (General Duty), for various paramilitary forces, such as, Border Security Forces, Central Reserve Police Force, Central Industrial Security Force, Sahastra Seema Bal, etc., for which a combined selection was to be made by the Staff Selection Commission, Delhi, for which an advertisement was issued in the year 2011.

(2.) It is an undisputed fact that the petitioner belongs to an OBC category known as "Kuthaliya Bora". The petitioner has also filed the notification dated 04.04.2000, which is made a part of the record, in which for the erstwhile State of Uttar Pradesh in the year 2000 Kuthaliya Bora has been notified as an OBC. It has also been specified in the said notification that only such Kuthaliya Bora, who belongs to Districts Almora, Pithoragarh, Bageshwar and Nainital in the erstwhile State of Uttar Pradesh, will be considered as an OBC. It is again an undisputed fact that on 09.11.2000, the State of Uttarakhand was carved out from the erstwhile territory of the State of Uttar Pradesh and all the aforesaid four districts i.e. Almora, Pithoragarh, Bageshwar and Nainital now form a part of Uttarakhand.

(3.) There is some dispute in the present writ petition which is also the primary objection of the respondents as to the non-selection of the petitioner, which is that while submitting his form for the said selection though the petitioner has described himself as an OBC candidate but the caste certificate which he had submitted for the said purposes was not in accordance with the format, which is required for the service under the Government of India. On the contrary, however, the petitioner has filed Annexure No. 2 to the writ petition, which are two caste certificates. Out of these caste certificates, one was issued in favour of the petitioner by the concerned Tehsildar describing the petitioner as an OBC belonging to Kuthailya Bora community. In another caste certificate which is in English, the petitioner has been described as an OBC belonging to Kuthailya Bora community, which according to the petitioner is a certificate as per the format for the purposes of service under the Government of India.