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Ram Kumar Gijroya v. Delhi Subordinate Services Selection Board and Ors. - (Supreme Court) (24 Feb 2016)

Late submission of OBC certificate to not be overlooked in ‘pedantic’ manner



A candidate appearing in an examination under the OBC category remains eligible for selection to the post advertised, despite not submitting the OBC certificate before the last date specified, so long as the same is provided prior the provisional selection list. The Supreme Court was unequivocal in voicing displeasure over the High Court’s pedantic approach to the matter and its failure to consider established legal precedent, reminding previous opinion “A certificate issued by competent authority to this effect is only an affirmation of fact which is already in existence”. Setting aside the order of the Division Bench, it restored the order by the Single Judge allowing the Appellants to submit OBC certificate to claim benefit of reservation in the OBC category.

Relevant : Indra Sawhney v. Union of India MANU/SC/0665/1992 Valsamma Paul v. Cochin University and Ors. MANU/SC/0275/1996


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