Quota candidate general without certificate: Court

Saurabh Malik
Tribune News Service
Chandigarh, May 21

The Punjab and Haryana High Court has made it clear that a candidate who applies under the dependant of ex-servicemen category but fails to produce the  relevant certificate has the right to be considered under the general category.

The legal controversy over the rights of a dependant to be considered under the general category after being denied certificate was brought under the judicial scanner by Vineet Kumar Chauhan, candidate for the post of industrial extension officer.

The petitioner had applied for the post under  the dependant of ex-servicemen category pursuant to an advertisement issued in December 2016. But his candidature was rejected as he could not produce relevant documents to show he was indeed an ex-serviceman dependant.

He, thereafter, sought directions to the respondents to treat him as a general category candidate for the post. Taking up his plea, the High Court ordered keeping one post vacant for the time being.

The Bench was told that the petitioner participated in the written examination, but was not called for the interview by the Haryana Staff Selection Commission on the ground that he could not produce the relevant certificate even though he had applied under the dependant category.

He was then directed to  be interviewed provisionally. The result produced before the court showed that the petitioner had secured more marks than the candidate last selected in the general category.

His counsel told the court that the petitioner had approached the Rewari Zila Sainik Board for issuing the dependant of ex-serviceman certificate, but it was not issued on the ground that his father, an ex-serviceman, had already taken up a job.

After listening to the arguments, Justice Ritu Bahri said, “As the petitioner  was not given the certificate of dependant of ex-serviceman, he had the right to participate in the selection process under the general category.”

Dismissing an appeal filed by the state against the order, the Bench of Chief Justice Krishna Murari and Justice Arun Palli asserted that the benefit of reservation was neither availed, nor given to the candidate. His candidature was not being considered only because he described himself as a dependant, but failed to produce the certificate even though he was allowed to appear in the examination. “We find no infirmity in the view taken by the Single Judge, which may require interference. The appeal is devoid of any merit and accordingly stands dismissed,” the Bench concluded.

The case

• The petitioner had applied for the post of the industrial extension officer under the dependant of  ex-servicemen category with reference to an advertisement issued in December 2016
• His candidature was rejected as he could not produce relevant documents to show he was an ex-serviceman dependant
• He, thereafter, sought directions to the respondents to treat him as a general category candidate for the post