RAJAT YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Yashpal Yadav, learned counsel for the petitioner and learned Additional Chief Standing Counsel appearing for the State respondents.

(2.) Petitioner was applicant in the category of other backward class (OBC) for the post of Sub-Inspector in Civil Police pursuant to the advertisement No. PRPB- nsk-2 (3fl/2020) dtd. 25/2/2021, however at the time of submission of his online application form, he furnished the certificate issued by the competent authority of the State, of the backward caste meant for the post under the Central Government. He was permitted to appear in the written examination and having been successful as such and also qualifying the other physical standard and efficiency test, deserved to be considered in the merit list of the OBC category. At the time of document verification on 17/5/2022, he furnished a notary affidavit alongwith certificate issued by the competent authority of the OBC caste but this time issued on the format meant for the post under the State Government. The certificate that was furnished by the petitioner was issued on 26/11/2018, which was available to him at the time of filling up the form but was not issued during the period required for i.e., between 1/4/2021 and 30/4/2021.

(3.) In view of the fact that petitioner did not furnish requisite certificate issued on the format meant for the posts under the State Government of the relevant period and had submitted certificate on the format meant for the posts under the Central Government, the respondent seems to have considered the petitioner in open category instead of OBC and that is how petitioner having not qualified the merit in the open category, could not make it successful to find place in merit list. It is submitted that last cut-off marks for the selected candidate in OBC is 305.54 for the post of Sub Inspector, whereas petitioner's marks are 305.84.