DEEP CHANDRA CHAURASIYA Vs. STATE OF U P

JUDGEMENT

(1.) Brief facts of the case are that the petitioner has applied for the post of Lecturer in Mechanical Engineering in pursuance of the advertisement no. 6/2011-12 dated 17.03.2012 issued by the Public Service Commission, which is Annexure No. 1 to the writ petition. The petitioner filed caste certificate, which is Annexure-5 to the writ petition. The petitioner has been called upon to appear in interview held on 26.11.2012. Since the caste certificate was not in a proper proforma and on the undertaking given by the petitioner, he has been allowed 21 days' time to furnish the said certificate. According to the petitioner, he got a fresh OBC certificate dated 4.12.2012, issued by the Tehsildar, District Sant Ravidas Nagar (Bhadohi) in a prescribed proforma and filed the same on 7.12.2012 and went on Gate No. 3 of the U.P. Public Service Commission, Allahabad where his name and address have been noted for the purpose of depositing the caste certificate and after that the petitioner went on service window no. 12 (Sewa Patal no. 12) and personally handed over the caste certificate. The said caste certificate is Annesure-5 to the writ petition. The result was declared on 4.1.2013 and in the select list, the petitioner was at serial no. 29 and against the name of the petitioner, the word provisional was mentioned. In the select list, the petitioner's selection has been shown as provisionally. He filed representation dated 2.7.2013 before respondent no. 3 giving full details of depositing caste certificate. When the petitioner could not get any information, he sought information on 1.8.2013 under the Right to Information Act. By the letter dated 2.9.2013, the petitioner has been informed that since the petitioner could not submit the OBC certificate in a prescribed proforma within 21 days as such his selection has been cancelled. Being aggrieved, the petitioner filed the present writ petition.

(2.) Learned counsel for the petitioner submitted that the petitioner initially filed OBC caste certificate, which is Annexure-3 to the writ petition, and further submitted that he has filed a fresh caste certificate on 4.12.2012, which is Annexure-5 to the writ petition, therefore, the rejection of selection of the petitioner is wholly unjustified.

(3.) Learned counsel for the respondent no. 3 submitted that both caste certificates filed by the petitioner were not in accordance to the Government Order no. 22/16/92/T.C.-III, dated 20.10.2008, which was required to be filed as contemplated in the advertisement itself and, therefore, the petitioner's candidature under the OBC category has been rejected. A prescribed proforma has also been produced by the learned counsel for the respondent no. 3 for perusal.