- (1.) HEARD Sri Rakesh Pathak, learned counsel for the petitioner and Sri Atul Kumar Srivastava, learned Central Government Standing Counsel for the respondents.
(2.) THE petitioner is seeking quashing of the order dated 10.10.2014 whereby claim of the petitioner for appointment on the post of Constable (G.D.) in C.A.P.Fs. and Rifleman (GD) in Assam Rifles Exam -2011 has been rejected.
(3.) THE petitioner applied for the post of Constable (G.D.) in pursuance of the Advertisement dated 5.2.2011. In para -6 of the writ petition it has been admitted that due to human error in the category of reserved or unreserved for the selection of the aforesaid post the petitioner although belonging to O.B.C. category has filled the online application form as a general category. According to him, he belongs to OB.C. category of 'Lohar' but thereafter in the OMR sheet at the time of the examination, he mentioned his category as Code no.6, which is meant for OBC category. The contention of the petitioner is that in the OBC category the result was declared and he was declared successful as per the result, copy of which has been filed as Annexure -7 to the writ petition. Further case of the petitioner is that if he is treated in general category, he would be over age in terms of para -4 A of the Instructions at page 30 of the writ petition. Learned counsel for the petitioner submitted that para -4(C) of the Instructions at page 33 of the writ petition requires the candidates to submit requisite certificates, who are claiming reserved category seeking age relaxation and must submit requisite certificate at the time of Written Examination or Medical Examination or any other time as may be decided by the Commission and, therefore, although he had filled his original application form on line as of a general category but at the time of filling of OMR sheet he has shown his category as OBC ,Code no.6. Learned counsel for the petitioner has placed reliance upon the following judgments: - 1. Km.Jyoti Singh vs. State of U.P. and others, 2013 5 ADJ 355 2. Sanjay Raj vs. state of U.P. and others, 2013 2 ADJ 558 3. Archana Rastogi vs. State of U.P., 2012 3 ADJ 219 4. Ajay Kumar vs. U.P.Public Service Commission, Allahabad and another, 2000 2 UPLBEC 1751;