- (1.) The only grievance raised in this writ petition is that petitioner belongs to Other Backward Class category and mentioned said fact in his application form but in the select list he was shown in the category of unreserved which is wholly illegal.
(2.) Respondents no. 2 and 3 have filed a counter affidavit stating that as per terms and conditions of the advertisement, vide para 4(c), a candidate seeking benefit of reserved seats shall append a certificate verifying reserve category alongwith application form but in the present case no such certificate was submitted by petitioner.
(3.) Moreover, the petitioner also made a declaration on 02.08.2011 that his category may be considered as unreserved/general and he shall not claim any benefit under Other Backward Class category. The undertaking submitted by petitioner before respondents no. 2 and 3 (Annexure-4 to the counter affidavit) reads as under: XXX XXX XXX "With regard to his candidature for the aforesaid examination, I, Om Prakash Yadav, Roll No. 3007010525 state that I had applied for this examination as an other backward class (OBC) candidate, but at the time of medical examination, I am unable to present OBC certificate of within three years from the cut off date, i.e. 04.03.2011, as per the prescribed proforma (Annexure - VII) for the offices of the central government as notified through the advertisement for the examination. My age limit falls within the age prescribed for candidates of unreserved category in this examination as mentioned in the advertisement for the examination. 2. Hence, you are requested to change my category for this examination into unreserved/general category. 3. I shall not claim for any sort of relaxation under the category of other backward classes. Any decision to be taken by the Commission with regard to my candidature will be acceptable to me." (English translation by the Court);