RAJ KUMAR Vs. UNION OF INDIA AND ANOTHER

JUDGEMENT

(1.) The Staff Selection Commission, Chandigarh issued advertisement inviting applications for recruitment to the post of Constables (GD) for ITBP Force in 2011. The petitioner, who belongs to the OBC category (Ahir) submitted his application for the post of Constable (GD) and participated in the process of selection. On the basis of application and documents along with certificate of OBC category dated 06.06.2007 submitted by the petitioner, he was allowed to participate in the OBC category. After the physical efficiency test, the petitioner also passed the written examination and was called for Detailed Medical Examination (DME).

(2.) The case of the petitioner is that the candidates who secured minimum qualifying marks 33 for medical examination under OBC have been recommended for appointment to the post of Constable (GD). The petitioner secured 42 marks but his case has not been recommended for appointment in OBC category. But his case has been considered in general category on the ground that he has failed to produce the OBC certificate at the time of medical examination.

(3.) Learned counsel for the petitioner has argued that the petitioner has submitted OBC certificate dated 6.6.2007 with the application form and also produced it at the time of medical examination. Even though the authorities have rejected the same he has been considered in General Category. He has been considered in OBC category while appearing in physical efficiency test and written test but has not been considered while appearing for medical examination. The petitioner again approached the authorities for consideration of his case in OBC category and he has also produced a fresh OBC certificate dated 22.11.2011, but no reply has been given.