VIVEK KUMAR BIRLA, J. - (1.) HEARD learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents. The petitioner, who belongs to OBC category (Banjara), had applied for the post of Constable and other Equivalent Post Direct Recruitment -2011 in pursuance of the advertisement dated 15.7.2011. Subsequently, the said advertisement was cancelled and posts were re -advertised on 14.5.2013 and 20.5.2013. In pursuance thereof, the petitioner along with other candidate had applied and appeared in preliminary examination, physical efficiency test and main written examination. Ultimately, the petitioner obtained 227.23302 marks against the total marks of 300 marks.
(2.) IN the instructions booklet for the recruitment of 2013, Note 4 of the instructions booklet provides as under: Proforma -2 for issuance of non -creamy layer caste certificate as provided in the instructions booklet is also extracted as under: - Relevant extract of Clause 4.4. is also quoted as under_
(3.) A perusal of the aforesaid Note 4 of the instructions booklet indicates that the caste certificate should have been issued on or after 1.4.2012 till the date of application. It is also indicated that anybody belonging to the creamy layer will not be extended the benefit of the reservation. Now the petitioner has come up challenging the Government Order dated 28.4.2015, which has been issued by the State Government considering the technical difficulty being faced in the recruitment by the Board, as in Clause 4 it was provided that the caste certificate issued between 1.4.2012 to 20.8.2013 only shall be acceptable and as per Clause 4.4. such certificate were not required to be filed with the application form and were required to be shown for verification at the time of medical test. It was also provided that in case any caste certificate issued even now that shall be acceptable but the existing limit regarding creamy layer shall continue to be applicable. Thus, benefit of increasing the limit of creamy layer from Rs. 5 lacs to Rs. 8 lacs as amended on 29.1.2014 shall not be applicable in the present case. The aforesaid Government Order dated 28.4.2015 is quoted as under:;