Case Note & Summary
The petitioner, belonging to the Other Backward Class (OBC) category, applied for recruitment in the Central Reserve Police Force (CRPF) pursuant to an advertisement published in January 2015. Clause 4(C) of the advertisement required candidates to submit a caste certificate in the proforma prescribed by the Union of India, which had to be obtained within three years before the closing date of 23.02.2015, or issued later but before document verification. The petitioner initially produced a caste certificate dated 04.10.2014 issued by the Competent Authority of the State of Maharashtra under the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance & Verification of) Caste Certificates Act, 2001. At the time of Detailed Medical Examination (DME) on 12.05.2016, the authorities informed the petitioner that the format was not as required by the Union of India. The petitioner gave an undertaking to produce the certificate in the prescribed format by 01.06.2016. However, he was simultaneously declared unsuccessful in the DME due to tatoo marks. He subsequently underwent a Review Medical Examination on 24.08.2016 and was cleared. On 20.08.2016, before the review medical, he obtained the requisite caste certificate in the Union of India format, which also declared him as a non-creamy layer candidate. The respondents, however, insisted on strict compliance with the advertisement conditions and opposed the petition, contending that the petitioner had deliberately failed to submit the correct certificate despite a second chance. They argued that the state format did not contain the necessary non-creamy layer declaration, which was a mandatory requirement. The petitioner’s counsel argued that the state government format, issued under a valid law, should not have been rejected, and that the respondents had processed his case as an OBC candidate without objecting to the absence of a non-creamy layer certificate. He submitted that the petitioner, upon learning of the review medical examination, promptly obtained and attempted to produce the correct certificate. The High Court noted that the sole material difference between the two formats was the creamy layer status declaration. It observed that the petitioner had not been disqualified on the ground of belonging to the creamy layer, and that he had eventually procured the necessary certificate. Taking an overall view and considering that the disqualification due to tatoo marks had been found improper in other similar matters, the court found it appropriate to grant the petitioner an opportunity. It directed the respondents to consider the petitioner’s candidature, and that of any similarly situated candidates, provided the recruitment position had not become irreversible. The decision was to be taken within ten weeks, and the petitioner was required to supply the prescribed certificate to the authorities within three weeks. The writ petition was partly allowed with no order as to costs.
Headnote
A) Service Law - Recruitment - Caste Certificate Format - Union of India Proforma - The advertisement required candidates to submit a caste certificate in the format prescribed by the Union of India, which included a declaration that the candidate did not belong to the creamy layer. The petitioner's state government format certificate lacked this declaration, and thus did not meet the mandatory requirement. (Paras 2,8) B) Service Law - Recruitment - Medical Disqualification - Tatoo Marks - The petitioner was initially declared unsuccessful in Detailed Medical Examination due to tatoo marks, but was subsequently cleared in Review Medical Examination. This medical ground was found not to be a valid disqualification in previous similar matters. (Paras 3,9) C) Constitution of India - Article 226 - Discretionary Relief - High Court may, in the interest of justice, grant an opportunity to a candidate who subsequently complies with the prescribed requirement, if the position has not become irreversible and no prejudice is caused to the recruitment process. (Paras 10-12)
Issue of Consideration
Whether the candidature of a candidate belonging to OBC category for CRPF recruitment could be rejected for failing to produce a caste certificate in the format prescribed by the Union of India, and whether late submission of such certificate could be permitted after the candidate was cleared in review medical examination.
Final Decision
The writ petition was partly allowed. The respondents were directed to consider the candidature of the petitioner and any similarly situated candidates if the recruitment position had not become irreversible. The necessary decision was to be taken within ten weeks from the date of the petitioner supplying the prescribed certificate. The petitioner was directed to deliver the certificate to respondent No.3 within three weeks. No order as to costs.
Law Points
- Caste certificate must be in proforma prescribed by Union of India
- non-creamy layer declaration essential
- State Government format not equivalent
- High Court's discretionary power under Article 226 to grant opportunity if position not irreversible
