Yasir Malik vs D/o Forests Ut Of Jammu & Kashmir on 31 December 2024

O R D E R

Per Hon’ble Mr. Rajinder S Dogra, Member (J) The fact of the case in brief is that the respondents issued an advertisement notice No. 06 of 2015 dated 1.9.2015 for various posts, among which 32 posts of Forest Guard were advertised at Item No. 650 out of which one post was meant for candidate belonging to OSC category. The applicant belonging to OSC category applied for one post of Forest Guard and participated in the selection process and submitted the requisite documents before the respondent No.2 for verification. The select list was issued in 2018 and the applicant was shown to be selected under OSC category. However, in the ‘Remarks’ column the recommendation of the applicant was stated to have been withheld subject to production of valid OSC category certificate. The applicant approached the respondents and he was informed that the OSC certificate submitted by him dated 11.10.2008 was valid for 05 years and has expired in 2013 and the applicant has to produce the updated category certificate so as to release the recommendation. Thereafter the applicant applied before the Tehsildar Udhampur for issuance of the updated OSC certificate and the same was issued on 22.1.2019. The Tehsildar also issued a certificate dated 28.1.2019 certifying that the applicant belongs to Teeli Caste (OBC) by birth. The applicant produced the updated OSC certificate dated 22.1.2019 and the certificate dated 28.1.2019 before the respondent No.2 so as to facilitate the release of his withheld selection. The respondent No.2 issued communication dated 14.2.2019 addressed to Tehsildar Udhampur seeking verification of OSC certificates dated 11.10.2008 and 22.1.2019 submitted by the applicant before the respondents. The respondent No.2 also sought clarification from the Tehsildar Udhampur as to whether the applicant was eligible to get benefit under OSC category during the period from 11.10.2013 to 21.1.2019. Vide communication dated 6.7.2020

Tehsildar Udhampur informed respondent No.2 that the OSC category certificates dated 11.10.2018 and 22.1.2019 are genuine and the applicant was eligible for the benefit under OSC category from 11.10.2013 to 21.1.2019 in view of the fact that the family income of the applicant did not exceed Rs. 8 lakh during the said period. Despite all these, respondent No.2 vide order dated 9.9.2020 cancelled the selection of the applicant for the post in question. The applicant has submitted that Tehsildar, Udhampur also addressed a corrigendum to the respondent No.2 dated 6.10.2020 clarifying that the word ‘Rs.8 lakh’ has been mentioned in the previous communication dated 6.7.2020 inadvertently and the word ‘Rs.8 lakh’ may kindly be read as “the income limit fixed by the Govt. for OSC category. The applicant submitted a representation dated 12.10.2020 for re-examining his case and rescind the cancellation order dated 9.9.2020 but till date nothing has been done by the respondents. Being aggrieved by the inaction on the part of the respondents, the applicant has approached this Tribunal in the present OA seeking the following relief : i) Setting aside the order No. 228-SSB of 2020 dated 9.9.2020 issued by the respondent No.2 whereby the selection of the applicant for the post of Forest Guard, District Cadre Udhampur under OSC category advertised pursuant to advertisement notice No. 06 of 2015 dated 1.9.2015 (Item No. 650) has been cancelled ab initio illegally and arbitrarily. ii) Directing the respondent NO.2 to release the recommendation in favor of the applicant for the post of Forest Guard under OSC category advertised pursuant to advertisement notice No. 06 of 2015 dated 1.9.2015 at Item No. 650.

iii) Directing the respondent No.1 to issue formal appointment order in favour of the applicant for the post of Forest Guard under OSC category advertised pursuant to advertisement notice No. 06 of 2015 dated 1.9.2015 at Item No. 650.

Prayer for the grant of any other interim or final relief as may be deemed appropriate in the facts and circumstances of the case in favour of the applicant.

2. The respondents have filed their counter stating therein that the respondents advertised various posts including the post of Forest Guard, District Cadre Udhampur and after completion of the selection process issued the Selection List and forwarded the same to the Indenting department wherein the applicant figured in the Selection List under OSC category but his recommendation was withheld subject to production of valid OSC category certificate. The applicant submitted OSC category certificate dated 11.10.2018 which has valid for 05 years and expired in 2013. The last date of receipt of application form was 3.10.2015. Hence the matter was placed before the Board in its 173rd meeting and the withheld selection of the applicant was decided to be cancelled since the applicant was not in possession of valid OSC category certificate on the cut off date prescribed in the advertisement notification. In view of the facts and circumstances, the respondents have prayed for dismissal of the present OA being devoid of any merit.

3. Heard learned counsel for both the parties and perused the materials available on record.

4. From the above discussions, we are of the view that the applicant possessed OSC certificate from 2008 onwards but the same expired in 2013. The respondents have submitted that on the cut off date prescribed in the advertisement notice the applicant did not possess the OSC certificate which was required for his selection in the post in question. But as soon as the applicant was informed by the respondents about the expiry of the validity of the OSC certificate, the applicant applied before the Tehsildar Udhampur for issuance of the updated OSC certificate and the same was issued on 22.1.2019. The Tehsildar also issued a certificate dated 28.1.2019 certifying that the applicant belongs to Teeli Caste (OBC) by birth. The applicant produced the updated OSC certificate dated 22.1.2019 and the certificate dated 28.1.2019 before the respondent No.2 so as to facilitate the release of his withheld selection. But the respondents did not consider the same and rejected the case of the applicant. Hon’ble Supreme Court in the case of Dolly Chhanda -vs- Chairman, Jee & Ors. [SIR 2004 SC 5043] has held that such documents are proof of holding of particular qualification or percentage of marks secured or entitlement to benefit of reservation. Depending upon the facts of a case, there can be some relaxation in the matter of submission of proof and it will not be proper to apply any rigid principle as it pertains in the domain of procedure. Every infraction of the rule relating to submission of proof need not necessarily result in rejection of candidature.

5. In such view of the matter, the OA is allowed setting aside the impugned order dated 9.9.2020 whereby the selection of the applicant for the post of Forrest Guard, District Cadre Udhampur under OSC category advertised pursuant to advertisement notice No. 06 of 2015 dated 1.9.2015 (Item No. 650) has been cancelled. The respondents are directed to release the recommendation and issue formal appointment order in favour of the applicant for the post of Forest Guard under OSC category advertised pursuant to advertisement notice No. 06 of 2015 dated 1.9.2015 (Item No. 650). The entire exercise be completed within three months from the date of receipt of the copy of this order. There shall be no order as to costs.

(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)

MEMBER (A) MEMBER (J)

Indrani/PPS