MAHESHWARI PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is a retired teacher and is father of Vibhuti Kumar. He belongs to Other Backward Class (OBC) category. His son, namely, Vibhuti Kumar is working as Inspector, Central Excise and Custom. His son, namely, Vibhuti Kumar appeared in Civil Services Preliminary examination, 2000 conducted by the Union Public Service Commission and he was declared qualified to appear in Civil Services Main examination, 2000. His son Vibhuti Kumar applied for O.B.C. certificate before respondent no. 3. In the meantime he also appeared in the main examination held in the month of November, 2000. He received a letter dated 23.11.2000 which appears to have been despatched on 24.11.2000, on 28.11.2000 to produce OBC certificate in prescribed form enclosed with the said letter and in case the certificate does not teach to the office of the Union Public Service Commission within 20 days from the date of issue of letter, the candidature of the son of the petitioner shall be liable to be cancelled. The petitioner approached respondent no. 4 for OBC certificate but no certificate was issued and as such the writ petition has been filed for issue of direction to respondent no. 3 for issuance of certificate without any delay.

(2.) PURSUANT to the order dated 15.12.2000 respondent no. 3 appeared in the Court. The counsel for respondent no. 3 contended that the petitioner comes within the category VI of the Resolution of the Government of India, Department of Personnel and Training, O.M. No. 36012/22/93 -Estt. (SCT) dated 8.9.1993, Annexure -1 and on clubbing the income of the petitioner from pension who is a retired teacher and income for salary of the son of the petitioner, namely, Vibhuti Kumar who is Inspector, Central Excise and custom, it comes more than Rs. 1 lac and as such he is not entitled to the benefit of reservation. Whereas, learned counsel for the petitioner stated that objection raised by the counsel for respondent no. 3 is mis -conceived.

(3.) IT would be pertinent to mention herein that situation as indicated above was such that it was beyond the control of the petitioner/son of the petitioner in obtaining OBC certificate and as such delay has caused. Therefore, the authority concerned is directed to consider the aforesaid aspect of the matter for accepting OBC certificate from the petitioner/son of the petitioner and not debarring the petitioner from the benefit of reservation.