The Supreme Court has criticized the practice adopted by the Union of India in relying private books for ‘the purpose of defeating the rights of citizens’.
Kamal Kishore and others had applied to the post of Constable GD in Central Reserve Police Force (CRPF) for being considered for appointment to the posts reserved for OBCs. They were denied appointment on the ground that the castes to which they belong did not find place in the OBC List for the Central Government services for Uttarakhand State as per “Swamy’s Compilation on Reservations and Concessions” book.
The high court had allowed writ petition filed by these aspirants and the writ appeal filed by the Union of India was dismissed by the division bench. These orders were assailed before the apex court.
A bench of Justice SA Bobde and Justice L Nageswara Rao, affirming the high court judgment, observed that there cannot be any doubt that the aspirants belong to the castes which were included in the Central List of OBCs for the State of Uttar Pradesh and were entitled to be considered for the posts reserved for OBCs in the advertisement that was issued on 24th July, 2010.
Depreciating the practice of relying on private books, the court observed: “It is necessary to mention that the Respondents were deprived of their consideration to the posts reserved for OBCs only on the ground that the castes to which they belong did not find a place in “Swamy’s Compilation on Reservations and Concessions” book.
The court said that the Union of India ought to have referred to the Resolutions of the National Commission for Backward Classes and the Central List that were prepared by the Government of India from the official publications.
The court, dismissing the appeal, directed the Union of India to appoint them as Constables GD, CRPF, in the posts reserved for OBCs in the advertisement dated 24th July, 2010. The government was also cautioned not to deny the appointment on the ground that they are now over-aged, provided they fulfil the condition of fitness.