MANIRUJJAMAN MOLLA Vs. UNION OF INDIA

JUDGEMENT

(1.) In re: CAN 3071 of 2019

(2.) In the writ petition, it was contended on behalf of the writ petitioner that when the writ petitioner was asked to produce certificate in prescribed format, the writ petitioner informed the Officer, during field verification that Jharkhand Government has made OBC certificates available in their official website, hence, certificate could not be produced as per prescription. The petitioner was asked by the Officer of the Oil Company to swear an affidavit to that effect and submit. The writ petition disclosed the said affidavit in the writ proceeding. The writ petitioner refers to the certificate dated 19th June, 2018 issued by the office of the Sub-Divisional Officer, Rajmahal under Government of Jharkhand in favour of the petitioner certifying that:-

(3.) The Sub-Divisional Officer in area of residence of persons seeking certification as belonging to OBC category is the competent authority to grant such certificate and what is important is the contents of the certificate, certifying that the applicant belongs to OBC category. As rightly observed by the learned Single Judge that certificate was issued for the purpose of obtaining job under Government of Jharkhand is of little consequence so far as his eligibility as belonging to OBC category for candidature to get distributorship is concerned. The Gazette of India Notification is in public domain and it is incontestable position that the writ petitioner applied for distributorship under OBC category, he was and is a Namshudra and it comes under Serial No.85 of the Central List of OBC for the State of Jharkhand.