RAKESH KUMAR Vs. STAFF SELECTION COMMISSIONER

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dtd. 3/7/2015 (Annexure P-8) whereby claim of the petitioner to consider him in OBC category has been rejected.

(2.) The petitioner belongs to OBC category and pursuant to an advertisement dtd. 5/2/2011 applied for post of Constable (GD) in Indo Tibetan Border Police (for short 'ITBP'). A written examination was conducted on 1/5/2011. The petitioner participated in said written examination and cleared the same. The petitioner alongwith application form filed OBC Certificate, however, it was not in the format prescribed by respondent. The petitioner secured OBC Certificate dtd. 1/8/2011 in prescribed format, however, at the time of scrutiny of documents, the Certificate dtd. 1/8/2011 was not considered whereas Certificate filed at the time of application was taken care of. As OBC Certificate filed by petitioner was not in the prescribed format, the petitioner was not considered under OBC category, thus, petitioner submitted an undertaking to the effect that he may be considered under General category. The petitioner could not compete with the candidates of General category, accordingly, candidature of the petitioner was rejected under OBC category as well as General Category. The petitioner preferred CWP No.135 of 2015 before this Court seeking directions to respondent to consider him under OBC category. The said petition came to be disposed of vide order dtd. 13/1/2015 with a direction to respondent to pass speaking order. The respondent vide impugned order dtd. 3/7/2015 (Annexure P-8) has rejected claim of the petitioner on the ground that petitioner was bound to submit OBC Certificate in the prescribed format which he failed and he has further filed undertaking dtd. 9/11/2011 at the time of document verification to the effect that he may be considered in General category, thus, claim of the petitioner is not sustainable.

(3.) Learned counsel for the petitioner submits that candidature of the petitioner has been rejected on the sole ground that OBC Certificate was not submitted in the prescribed format alongwith the application. The case of the petitioner is squarely covered by judgments of Hon'ble Supreme Court in Ram Kumar Gijroya Versus Delhi Subordinate Services Selection Board and Another; 2016 (4) SCC 754 and Karan Singh Yadav Versus Govt. of NCT of Delhi and Others (SLP (c) No. 14948 of 2016).