Merely Belonging To Reserved Category Does Not Confer Benefit, Caste Certificate Must Be Submitted Before Cut-Off Date: Jharkhand HC
The Jharkhand High Court has held that candidates seeking reservation must strictly comply with the conditions stipulated in recruitment advertisements, including submission of caste certificates in the prescribed format within the cut-off date, and that mere belonging to a reserved category does not entitle a candidate to claim such benefit.A Division Bench comprising Chief Justice M.S....
The Jharkhand High Court has held that candidates seeking reservation must strictly comply with the conditions stipulated in recruitment advertisements, including submission of caste certificates in the prescribed format within the cut-off date, and that mere belonging to a reserved category does not entitle a candidate to claim such benefit.
A Division Bench comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar was hearing a batch of appeals challenging the common judgment dated 20.12.2019 passed by a learned Single Judge, whereby writ petitions filed by the appellants were dismissed and the decision of the Jharkhand Public Service Commission (JPSC) and Jharkhand Staff Selection Commission (JSSC) treating their candidature under the general category was upheld.
The appellants contended that although they belonged to reserved categories, their candidature was wrongly treated as general category due to technical errors in submission of caste certificate details in the online application forms. In one such case, it was submitted that the appellant was already in possession of caste certificates issued in the prescribed format prior to the cut-off date, but inadvertently uploaded details of a certificate issued in the Central Government format. It was argued that the mistake was subsequently rectified during document verification by submitting the correct certificate, but the same was not accepted.
The appellants further submitted that despite securing marks higher than the cut-off marks of the last selected candidate in the Scheduled Tribe category, they were denied appointment. It was also argued that several posts reserved for Scheduled Tribe candidates remained vacant, and no prejudice would be caused to any candidate if such appellants were considered. Reliance was placed on the Supreme Court judgment in Ram Kumar Gijroya, contending that delay in submission of caste certificate should not defeat a candidate's claim where the category status is otherwise undisputed.
On the other hand, the State and the recruiting authorities argued that the appellants failed to strictly adhere to the terms and conditions of the advertisements, which clearly required candidates to fill in the particulars of caste certificates issued by the competent authority in the prescribed format in the online application form itself. It was submitted that such compliance was mandatory, failing which candidates were liable to be treated under the general category. It was further argued that the Full Bench of the High Court had already upheld the validity of such stipulations and that the judgment in Ram Kumar Gijroya was distinguishable on facts.
Upon consideration, the High Court noted that the advertisements in question unequivocally required candidates to possess valid caste certificates in the prescribed format and mandatorily fill in their particulars in the online application forms. It further noted that the production of such certificates at the stage of document verification was contingent upon the particulars having been correctly furnished at the time of application.
The Court found that the appellants had failed to comply with these conditions, as some had entered details of caste certificates issued in the Central Government format, some had entered incorrect certificate numbers or dates, and others had furnished certificates obtained after the last date of submission of application forms.
Distinguishing the decision in Ram Kumar Gijroya, the Court held that in the present case, the requirement of possessing and furnishing caste certificates in the prescribed format within the cut-off date was clearly stipulated in the advertisements and was mandatory in nature.
Emphasising the importance of adherence to recruitment conditions, the Court observed that eligibility of candidates must be judged on the last date of submission of application forms, and any deviation from the prescribed requirements entitles the authorities to reject candidature. It further noted that granting relaxation to some candidates would prejudice others and disrupt the recruitment process. The Court categorically held:
“A candidate cannot claim reservation mere by the reason that he/she belongs to the reserved category. For claiming reservation, the candidate is bound to submit the caste certificate in the prescribed format within the cut-off date.”
Holding that the appellants had failed to comply with mandatory conditions of the advertisements and that no relaxation could be granted in absence of such provision, the Court found no infirmity in the decision of the authorities or the judgment of the learned Single Judge.
Accordingly, the appeals were dismissed.
Title: Dr. Nutan Indwar @ Nutan Indwar v. State of Jharkhand and Ors
Case No.: L.P.A. No. 64 of 2020
Appearance: Mr. Krishna Murari, Mr. Rajvardhan, Mr. Ritesh Pathak, Mr. Deb Nandan Dubey, Mr. Mukesh Kumar Dubey, Mr. Manoj Tandon, Mr. Siddharth Ranjan, Ms. Neha Bhardwaj, Mr. K.S. Chhabra, Mr. Ajit Kumar, Mr. Shresth Gautam, Mr. Rahul Kumar, Mr. Padmanav Shahdeo, Mr. Amritansh Vats, Mr. Shivam Anand Pathak, Mr. Amartya Choubey, Ms. Oishi Das appeared for the Appellants.
Mr. Rajiv Ranjan, Mr. Sanjoy Piprawal, Mr. Prince Kumar, Mr. Jay Prakash, Mr. Rakesh Ranjan, Mr. Gaurang Jajodia, Ms. Ruchi Mukti, Mr. Aditya Kumar, Mr. J. F. Toppo, Mrs. Sunita Kumari appeared for the Respondents.