The Allahabad High Court has directed to consider the appointment of OBC candidates for Police Constable Recruitment-2015 in six weeks.
A Single Bench of Justice Saurabh Shyam Shamshery passed this order while hearing a petition filed by Imran Khan.
The facts of the case are that the petitioner had applied for appointment to the post of Constable pursuant to Advertisement issued on 29.12.2015 for Police Constable and Constable PAC (Male) Direct Recruitment, 2015. The petitioner belongs to the Other Backward Class category. Petitioner has obtained higher marks (i.e. 398.1) to the cut off merit of Other Backward Class (Male Category i.e., 396), however, he was not selected.
Counsel for petitioner submitted that petitioner has submitted Other Backward Class certificate dated 15.02.2016 as well as Domicile certificate dated 25.06.2013 and 20.04.2016, however it appears that respondents have not considered the latest Other Backward Class and Domicile certificates and petitioner was not selected.
Counsel for petitioner has relied on a judgment passed by the Coordinate Bench of the Court in Aaditya Yadav vs State of U.P and another (Writ-A No. 9359 of 2019) decided on 24.07.2019 where in similar circumstances the Court granted relief to petitioner therein on the ground that Other Backward Class certificate should be dated 01.04.2015 or thereafter whereas no date was mentioned with regard to Domicile certificate.
In the case petitioner has placed on record both Other Backward Class as well as Domicile certificates issued in the year 2016, therefore, counsel for petitioner submits that petitioner is entitled for relief sought in the writ petition, the Court said.
Standing Counsel appearing for State-Respondents has opposed the submission above, however, he could not refute the submissions of counsel for petitioner on facts as well as on law.
“The petitioner has got higher marks than cut off marks of OBC (Male category). He has submitted Domicile and OBC Certificate dated 15.2.2016 and 20.04.2016 which are as per the stipulations in the advertisement. Respondents have not assigned any reason to reject the claim of petitioner and are also considering the Aaditya Yadav (Supra)”
-the court observed while allowing the writ petition.
“Respondents are directed to consider petitioner’s candidature for appointment under Other Backward Class category on the basis of OBC as well as Domicile certificate as per marks obtained within a period of six weeks from the date of presentation of a certified copy of the order”, the Court ordered.