BANITA CHOUDHARY Vs. STATE OF H.P.

JUDGEMENT

(1.) Precisely, the question, which needs to be determined in the case at hand, is that "whether a selected candidate belonging to OBC Category can be rendered ineligible on the ground of non-submission of OBC Certificate within cut-off date mentioned in the advertisement?"

(2.) Quintessential, the facts, as emerge from the pleadings, adduced on record by the respective parties are that vide Advertisement No.9/2022 dtd. 19/9/2022 (Annexure P-1), Atal Medical & Research University, Himachal Pradesh, advertised 723 posts of Community Health Officer, out of which 110 posts were reserved for OBC category. Petitioner herein, being fully eligible, applied for the post of Community Health Officer under OBC category and successfully qualified the written examination conducted on 9/10/2022, as is evident from office order dtd. 17/1/2023 (Annexure P-5), wherein name of the petitioner figures at serial No.64. After her having qualified the written examination, petitioner herself appeared for document verification on 21/1/2023, but despite her being fully eligible for the post reserved f r OBC category, she was not offered appointment on the ground hat she failed to submit valid OBC Certificate at the time of her making application for appointment against the post of Community Health Officer in terms of advertisement dtd. 19/9/2022 (Annexure P-1). In the afore background, petitioner has approached this Court in the instant proceedings, praying therein for the following main reliefs:-

(3.) Pursuant to notices issued in the instant proceedings, respondents No.1 & 2 have filed reply under the signatures of Mission Director, National Health Mission, Himachal Pradesh, Shimla, perusal whereof clearly reveals that facts, as have been noticed hereinabove, have not been disputed, rather stand admitted. An attempt has been made to refute the claim of the petitioner on the ground that certificate adduced on record by the petitioner at the time of her making application was valid upto 29/6/2022 i.e. one year from the date of issue on 30/6/2021, as such, same could not have been taken into consideration, while considering the candidature of the petitioner against the post of Community Health Officer reserved for OBC category.