Gujarat High Court has provided a remedy to the grievance of a BSF candidate whose caste certificate was denied to be acknowledged by the authorities. The certificate is a prerequisite for the final appointment letter.
The candidate had produced the caste certificate, indicating he was from the OBC category. However, the authorities refused to acknowledge the certificate. The reason forwarded by the authorities was that the certificate was issued from another state authority whereas the recruitment was conducted by the Gujarat unit.
The aggrieved party approached the High court where justice AY Kogje, ruled that the candidate be instated in the employment from the date o which the recruitment was to commence.
The learned judge noted that not only in the advertisement it was anywhere mentioned that only the certificate from a particular state would be accepted, but also underlined that the certificate produced was in the format required by BSF. The candidate happened to be from the Kumbhar community, which in any way is notified as an OBC community in State and central lists.
The High court observed that the task on hand of the recruiting organisation was confined to only verifying the fact that the candidate was from the OBC category or not. Since the candidate completed the formalities as demanded in the advertisement, in prescibed format within stipulated timeframe, not accepting the caste certificate amounts to injustice.
High court accepted the arguments of the counsel of the party and ruled that the candidate be instated in the BSF from the date of recruitment.
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