Mere Delay In Production Of OBC-Non Creamy Layer Certificate Not A Ground To Reject Candidature: Kerala High Court

The Kerala High Court observed that candidature under OBC Category cannot be rejected merely on the ground of belated submission of the OBC-NCL certificate by the candidate.

This will only lead to a situation where the rights and opportunities guaranteed to the candidate under Articles 14 and 16 of the Constitution of India will be flagrantly violated, the bench comprising Justice Alexander Thomas and K Babu observed. 

In this case, the candidate, a post graduate with Ph.D. in Chemistry working as Research Associate in CSIR, filed application for appointment to posts notified by Institutes of Science Education and Research (IISER). She applied against the post reserved to OBC, non-creamy layer category. Her candidature was rejected on the ground that she did not produce non-creamy layer certificate for the relevant financial year during the submission of the online application. Allowing her writ petition, the single bench directed IISER to accept the certificate and and treat her as one eligible, who belongs to OBC-NCL category 

Assailing this judgment before the Division Bench, IISER contended that the candidate was unsuccessful in producing the required OBC-NCL certificate, for the current financial year, along with the application and that she failed to state any reason for not submitting the OBC-NCL certificate for the relevant period during the submission of the online application. On the other hand, the candidate contended that the OBC-NCL certificate need not be produced along with submission of the application and can be produced later.

The bench noted that the only ground for the non inclusion of the candidate in the rank list against the sole vacancy for the OBC - NCL category is the non production of non-creamy layer certificate for the current financial year along with the application.

"We are of the considered view that rejection of the candidature of the respondent from the OBC category on the mere ground of belated submission of the relevant OBC-NCL certificate will only result in virtually throwing out a meritorious candidate with extensive research experience, in the facts and circumstances of this case. This will only lead to a situation where the rights and opportunities guaranteed to the respondent under Articles 14 and 16 of the Constitution of India will be flagrantly violated. We have already noted that the abovesaid norms, that governed the selection process, do not insist for production of the abovesaid certificate before the last date of submission of the application and reasonable time thereafter is available, where the candidate has made the claim for reservation benefit in the application. Therefore, the rejection of the candidature of the respondent for the OBC-NCL reserved post is in violation of the abovesaid norms flowing out from Clause 26 of Ext.P-1 and Clause 10 thereof read with Ext.P-10, etc.", the bench observed.

The court, while dismissing the writ appeal, said that the rejection and non consideration of the respondent's candidature for the sole OBC-NCL reserved post, is highly illegal, improper and would amount to grave miscarriage of justice.

Case: INDIAN INSTITUTE OF SCIENCE EDUCATION AND RESEARCH vs. DR.SMITHA V S

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