UNION OF INDIA Vs. RAJESH KUMAR YADAV

JUDGEMENT

(1.) WE have heard Shri Rakesh Sinha for the petitioners. Shri K.R. Sirohi appears for the respondent No. 1.

(2.) THE applicant-respondent No. 1 appeared in the Civil Services Examination, 1999 claiming benefit of reservation belonging to 'Ahir' community notified as 'Other Backward Classes' by Government of India, Ministry of Welfare Resolution No. 12011/68/930BCC (C) dated 10.9.1993. He secured 290th rank in the list of candidates recommended for appointment. During scrutiny of his application form, it was observed that he may not be eligible to the benefit of reservation for OBCs since he falls in 'creamy layer', under Office Memorandum dated 8.9.1993, and is excluded, as he is son of a direct recruit Assistant Engineer in the Uttar Pradesh State Electricity Board, who was promoted to the post of Executive Engineer before the age of 40 years.

(3.) IN reply to the notice the applicant stated that he is a candidate for Civil Services Examination 1999, and on that basis he has been allocated INdian Police Service. His OBC certificate was issued by the Tehsildar, Sagari and duly countersigned by the ADM, Azamgarh. He does not belong to the persons/sections (creamy layer). The certificate has been issued by the competent authority after proper verification. The provisions contained in Office Memorandum dated 8.9.1993 have not been properly represented and due to the omission of relevant section determining the applicable criteria it has led to erroneous exclusion. The provisions mentioned in para-3 of the notice have not correctly depicted the persons/sections mentioned in Column-3 of the schedule appended to Office Memorandum.