Excelsior Correspondent
JAMMU, Apr 28: Full Bench of State High Court has held 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.
The Full Bench further said that 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 candidate shall be permitted to produce the proof before finalization of the selection for admission/appointment as producing proof is procedural. Moreover, 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.
With this ruling, a Full Bench comprising Chief Justice N Paul Vasanthakumar, Justice Dhiraj Singh Thakur and Justice BS Walia has decided 22 years old case after hearing Advocate General DC Raina assisted by AAG Ravinder Gupta and Deputy AG Amit Gupta.
The Division Bench of the High Court by order dated 15.03.1994 while admitting the appeal and noticing the sustainability of the order of Single Judge, which was impugned before it, had referred the matter to 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.
Full Bench while deciding the appeal observed, “the object of making reservation rules is to uplift and upgrade the social backwardness of the people”.
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