- (1.) The appellant who was the petitioner before the learned Single Judge sought a mandamus for his appointment on the post of Safai Karmachari, a group-D post.
(2.) The learned Single Judge dismissed the petition by the impugned order dated 26 September 2013.
(3.) An advertisement was issued for the appointment of Safai Karmacharis. The appellant applied for the post. According to him, he belongs to a scheduled caste and ought to have been considered on that basis. The select list which has been produced before the Court indicates that the name of the appellant appears at serial no. 3644 as a general category candidate. According to the respondents, the last selected candidate from the general category had 23.6 marks, whereas the appellant had secured lower marks. The last selected candidate from the category reserved for the scheduled castes had 21.67 marks. However, in a letter dated 5 March 2009 of the District Panchayat Raj Officer, it was stated that the appellant had not furnished a copy of his caste certificate with the application. From the records of the writ proceedings, it emerges that the appellant annexed at annexure-5, a letter dated 7 October 2011 of the District Panchayat Raj Officer, addressed to him. The letter records that by a prior letter dated 14 June 2011, the appellant was called upon to furnish his caste certificate so that his application could be processed on that basis. While stating that the appellant had failed to do so, a further opportunity was granted to the appellant to produce his caste certificate. The representation dated 10 January 2012 of the appellant to the Commissioner (Annexure-6) would indicate that the appellant did not avail of the opportunity and merely stated that he had already furnished a caste certificate with his application. The appellant was allowed sufficient opportunities to furnish his caste certificate but he failed to avail of the opportunity. Moreover, annexure-8 to the writ petition would indicate that the caste certificate was duly verified by the Tehsildar only on 4 July 2012.;