MAHENDRA KUMAR GOND Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner before this Court, seeks quashing of the order of the Public Service Commission, U.P. Allahabad (hereinafter referred to as the Commission), dated 12.3.2013 where under the petitioner has been informed that his candidature for the post of Subordinate Civil Services (Mains) Examination 2010 has been cancelled because of non submission of the caste certificate despite time having been granted on two occasions.

(2.) FROM the order impugned, it is apparent that the petitioner had appeared in the Subordinate Civil Services (Mains) Examination 2010 and after being successful in the written examination, he was called for interview by the Commission. The interview took place on 22.9.2012. The petitioner claims to be a member of Scheduled Tribe being Gond by caste. At the time of interview i.e. on 22.9.2012, the petitioner could not produce the caste certificate and gave in writing in the shape of a declaration that he shall supply the original as well as self attested copy of the caste certificate within 21 days in the office of the Commission. The petitioner did not comply with the undertaking and on the contrary, he forwarded another letter dated 15.10.2012 seeking further time to produce the relevant caste certificate . This request of the petitioner was accepted and vide letter dated 22.11.2012, the petitioner was permitted to deposit the relevant caste certificate by 12.3.2012. The petitioner failed to file the caste certificate within extended time so permitted by the Commission. Therefore, the Commission took the decision to cancel his candidature. This decision of the Commission has been communicated to the petitioner under the order of the Controller of Examinations, dated 12.3.2013.

(3.) IT is the case of the petitioner that he is Gond by caste. He has filed a caste certificate, copy whereof has been enclosed at page 59 of the paper book, which dated 31.8.2004. He also contends that the relevant certificate was produced on 8.12.2012 but the same has been returned for want of necessary details and thereafter the petitioner forwarded the same again on 23.12.12 by registered post which was prior to the passing of the order impugned. Since, the order impugned does not take into consideration the said certificate, the same is bad.