HARDAUL SINGH Vs. STAFF SELECTION COMMISSION

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking a direction in the nature of mandamus to issue appointment letter to the petitioner for the post of constable in the Central Industrial Security Force as an OBC candidate.

(2.) The facts of the case, in brief, are that an advertisement was issued in the Employment News dated 5.2.2011for recruitment for the post of constable (G.D.) in the Border Security Force, Central Reserve Protection Force and the Central Industrial Security Force by the Staff Selection Commission. The complete advertisement has not been filed by the petitioner along with the writ petition but same has been filed by the respondents with their counter affidavit filed as Annexure CA-1. However, the condition mentioned in para 4(C) of the advertisement was that the caste certificate for candidates claiming OBC status should have been obtained within three years before the closing date i.e. 4.3.2011. The Note-I of para-4 (C) further provided that closing date i.e. 04.03.2011 for receipt of application will be treated as the date of reckoning for OBC and creamy layer status of the candidate. The petitioner did not possess the OBC certificate as on 4.3.2011 and he appeared in the written examination held on 5.6.2011 under the Roll No.3001995. His case is that an Admit Card was issued to him for appearing in the written examination (Annexure-3 to the writ petition). In it he was shown as an OBC candidate and was allowed to appear in the examination. The petitioner was also allowed to appear in the physical test where also he was also shown as an OBC candidate. However, when the result was declared, the petitioner was shown under the List of Unreserved Category candidate meaning thereby he has been shown as a General Candidate and in that situation he has been shown as not qualified for appointment on the ground of being over age. According to the petitioner if he was shown as an OBC candidate he would be eligible for grant of relaxation in age as an OBC candidate.

(3.) I have heard Sri Manvendra Nath Singh, learned counsel for the petitioner and Sri Bal Mukund, learned counsel for the respondents.