ASHUTOSH PRAJAPATI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ashok Khare, learned senior counsel for the petitioner, learned Standing Counsel appearing on behalf of the respondent Nos. 1 and 2, Sri V.P. Varshney counsel appearing on behalf of the Commission.

(2.) Brief facts of the case are that the petitioner has applied for the post of Lecturer in the Engineering Branches in pursuance of the advertisement 6/2011-12 dated 17.03.2012 issued by Public Service Commision, Uttar Pradesh in Government Polytechnic which is annexure No. 1 to the writ petition. The petitioner applied under OBC category. It is the claim of the petitioner that he has filed a caste certificate which is annexure No. 4 to the writ petition. Petitioner has been called upon to appear in an interview held on 26.11.2012. Since the caste certificate was not in a proper format and on the undertaking given by the petitioner, he has been allowed 21 days's time to furnish the said certificate in a prescribed format. According the petitioner caste certificate in prescribed format has been sent by the speed post on 20.02.2013 and has been further delivered on 4.03.2013. 21 days' time expired on 16.12.2012. It appears that since the petitioner has filed the caste certificate in prescribed format after the time allowed by the Commission, the candidature of the petitioner has been rejected.

(3.) Learned counsel for the petitioner submits that insofar as contents of the caste certificate is concerned, there is no difference between the ?certificate dated 17.05.2012 filed by the petitioner and the subsequent certificate issued which has been filed on 20.02.2013 and therefore, the petitioner's candidature should not be disturbed.