Candidate belonging to backward area has right to consideration of reserved category post

In a mjor relief to those person whose reservation certificates are under process and they will not submit at the time submission of form, a Full Bench of State High Court holds that a candidate belonging to backward area does not lose his right of consideration of reserved category post, if he fails to produce the certificate of his belonging to such category along with his application form and candidate must possess the eligibility on the cutoff date and  if claims that he/she belongs to a particular category in the application form and unable to produce the proof/certificate before the cutoff date inspite of his/her  best efforts, the said candidate shall be permitted to produce the proof before finalization of the selection for admission/appointment as producing proof is procedural and if no claim is made in the application the candidate cannot be permitted to produce proof of the same and such candidate shall be considered in open merit category.

While deciding 22 years old case, a Full Bench comprising Chief Justice N Paul Vasanthakumar, Justice Dhiraj Singh Thakur and Justice BS Walia after hearing Advocate General DC Raina assisted by AAG Ravinder Gupta and Deputy AG Amit Gupta appearing for the Competent Authority Entrance Examinations J&K in which  Division Bench of the State by order dated 15.03.1994 while admitting the appeal and noticing the sustainability of the order of learned Single Judge, which was impugned before the Division Bench, referred the matter before the Full Bench taking note of the judgment of Division Bench rendered earlier in LPA No. 261/1992 titled Naresh Singh vs. State of Jammu and Kashmir and others dated 24.11.1993. The Division Bench while making reference has observed as follows:          “We are prima facie in agreement with the learned Single Judge that a candidate, who has acted diligently and done all that was necessary could not be denied consideration under the reserved category to which he/she admittedly belong. We accordingly feel that besides the questions formulated by the appellants in the Memo of Appeal, one of the questions that would additionally arise would be whether the writ petitioner could be disentitled for consideration under the reserved category in view of the admitted fact that the Authority competent to issue the certificate had failed in its obligation to decide the matter within fifteen days and also in view of the fact that the candidate had done all that was necessary and possible in the circumstances of the case.”

Full Bench while deciding the appeal, observed that case filed by the 1st  respondent/writ petitioner  before the Writ Court was seeking admission to MBBS/BDS  Course for academic session 1993-94 for which a notification was issued on 30.08.1993 fixing the last date for submission of application form by 15.09.1993. The first respondent applied before the last date. Admit card was issued to the 1st respondent for appearing in the entrance examination and he appeared in the entrance examination on 9th and 10th of October 1993 at Jammu. The 1st respondent belongs to reserved category (OBA) (Resident of Backward Area) and he could get the certificate only on 30.09.1993 even though he applied for the certificate before the last date of submitting his application form. The application seeking OBA certificate was rejected by the Deputy Commissioner Doda on 26.08.1993.

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