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HC Full Bench decides 22 yr old petition 8Says candidates can produce category certificates anytime before selection for a post is finalised 4/28/2016 10:56:48 PM Early Times Report Jammu, Apr 28 : A high court full bench of Chief Justice N Paul Vasanthakumar, Justice Dhiraj Singh Thakur and Justice B S Walia today decided a 22-year-old petition, providing a major relief to the candidates who do not have category certificates to attach with their application forms at the time of applying for jobs in government departments. The bench held that "a backward area candidate does not lose his right of consideration for the reserved category post if he fails to produce the category certificate along with his application form. If he claims he belongs to a particular category in the application form and is unable to produce the requisite certificate before the cutoff date, he shall be permitted to produce it before finalisation of the selection for admission or appointment as it is procedural, but if no claim is made in the application form in this regard, he cannot be permitted to produce the certificate later and shall be considered in open merit category". The matter was referred to the full bench by a division bench on March 15, 1994. Deciding the matter, the full bench observed that the petitioner had filed the case before the writ court to seek admission to MBBS/BDS course for academic session 1993-94 for which a notification was issued on August 30, 1993. September 15, 1993 was the last date for submitting application form. He applied before the last date. Admit card was issued to him and he appeared in the entrance examination on October 9 and 10 in 1993 in Jammu. He got the reserved category ( Resident of Backward Area) certificate on September 30, 1993 even as he had applied for it before the last date of submitting his application form. The full bench said the object of making reservation rules "is to uplift and upgrade the social backwardness of people. A candidate belonging to backward area does not lose his right of consideration of reserved category post if he fails to produce the category certificate along with his application form, but mentions in the application form that he belongs to such a category. And, if no claim in this regard 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". (JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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