STATE OF UTTARAKHAND AND OTHERS Vs. SHAILENDRA SINGH

JUDGEMENT

(1.) The appellants are the respondents in the writ petition. The writ petition was filed seeking the following reliefs :-

(2.) The writ petitioner applied for the post of Assistant Teacher (Arts) in Government Primary School as an OBC candidate. The candidature of the petitioner was rejected on the ground that the OBC certificate submitted by the petitioner was dated 01.06.2011 and the validity of the certificate was three years and it would have expired in the year 2014. The advertisement was issued, in fact, on 17.02016. In fact, the writ petitioner also submitted another valid OBC certificate, which she obtained on 11.04.2016, which was valid for another three years. The learned Single Judge, however, considering the nature of the objection and noticing that as the dispute is not that the petitioner is not an OBC category candidate but the dispute is on a mere technicality, disposed of the writ petition with a direction to the authority concerned that the new OBC certificate should be taken into account and thereby the candidature of the petitioner should be considered as per law.

(3.) We heard Mrs. Prabha Naithani, learned Brief Holder on behalf of the State / appellants and also Mr. Bhagwat Mehra, learned counsel on behalf of the writ petitioner/ respondent.