The Allahabad High Court has dismissed the special appeal of the State Government and the Police Recruitment Board against the order of considering the appointment of OBC candidates declared unsuccessful on producing two residence certificates in Constable Recruitment 2015.
The Division Bench of Justice Pritinker Diwaker and Justice Ashutosh Srivastava passed this order while hearing a Special Appeal Defective filed by the State Of U.P and 3 others.
The intra court appeal has been filed questioning the order dated 13.4.2022 passed by the Single Judge in Writ-A No 20311 of 2018 (Imran Khan v State of UP and others) whereby the writ petition was allowed and the respondents were directed to consider the respondentpetitioner’s candidature for appointment to the post of Police Constable and Constable PAC treating him as an OBC candidate and domicile of the State of Uttar Pradesh.
Counsel for the appellants submitted that the Single Judge erred in law in allowing the writ petition inasmuch as the advertisement for the post in question required the candidate to be domicile of the State of UP as well as caste certificate was required to be for the period 1.4.2015 or thereafter.
He further submitted that since the domicile certificate of the respondent-petitioner was dated 25.6.2013 and caste certificate was dated 20.4.2016, the respondent-petitioner was treated to be a general category candidate and since the marks obtained by the petitioner was less than the last general category candidate, he was not selected.
Per contra, counsel for the respondent-petitioner submitted that the petitioner is a domicile of the State of Uttar Pradesh and certificate to that effect was issued on 25.6.2013.
It is further contended that the caste certificate submitted by the respondent-petitioner was dated 20.4.2016 being issued after the date 1.4.2015 mentioned in the advertisement dated 29.12.2015 and as such there was no occasion for the appellants to treat the petitioner-respondent as a general category candidate ignoring the OBC certificate.
There is no dispute as regards the fact that the petitioner is a domicile of the State of UP. The only dispute is with regard to the date of issuance of the caste certificate. It is also not in dispute that the petitioner is an OBC category candidate and the marks obtained by him in the category of OBC is higher than the last OBC category candidate selected in the selection, the Court noted.
In such a view of the matter, the Court is not inclined to interfere with the order of the Single Judge allowing the writ petition.
Accordingly, the Court dismissed the special appeal.