NARESH KUMAR Vs. STATE OF UP

JUDGEMENT

(1.) HEARD learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents. The petitioner, who belongs to OBC category (Banjara), had applied for the post of Constable and other Equivalent Post Direct Recruitment -2011 in pursuance of the advertisement dated 15.7.2011. Subsequently, the said advertisement was cancelled and posts were re -advertised on 14.5.2013 and 20.5.2013. In pursuance thereof, the petitioner along with other candidate had applied and appeared in preliminary examination, physical efficiency test and main written examination. Ultimately, the petitioner obtained 227.23302 marks against the total marks of 300 marks.

(2.) IN the instructions booklet for the recruitment of 2013, Note 4 of the instructions booklet provides as under:

(3.) A perusal of the aforesaid Note 4 of the instructions booklet indicates that the caste certificate should have been issued on or after 1.4.2012 till the date of application. It is also indicated that anybody belonging to the creamy layer will not be extended the benefit of the reservation.