SUDHIR AGARWAL,J. - (1.) SINCE the pleadings are complete, as requested and agreed by learned counsel for the parties the matter has been heard and is being decided finally under the Rules of the Court at this stage.
(2.) THE facts in brief giving rise to the present dispute are as follows. The petitioner's father, a Class IV employee in Police Department, district Sonbhadra is said to be residing thereat permanently. He settled at Churk, Tehsil Robertsganj, alongwith his family members. The name of the petitioner and other family members are shown in the voter list of Nagar Panchayat, Churk and the petitioner's family has also received ration card in the name of the petitioner's father. The petitioner claims to have born at Churk, District Sonbhadra. Prior to settling at Churk, the petitioner's father's ancestors were resident of village Machhna Gaon, Tehsil Dewsar, District Sidhi, Madhya Pradesh wherefrom they shifted and settled in district Sonebhadra (U.P.). The petitioner's family belonged to the caste of 'Kalar' which is included in the list of Other Backward Classes (hereinafter referred to as "the OBC") of the State of Madhya Pradesh. On 2.6.2004 a caste certificate was issued to the petitioner by the concerned authorities in District Sidhi (State of M.P.) verifying his caste as 'Kalar' notified on 26.12.1984 at serial no. 42 in the list of Schedule Caste/Schedule Tribe and OBC for the State of M.P. Respondent no.2 advertised vacancies of Assistant Operators in Police Radio Department of the State of U.P. in 2004 pursuant whereto vide application dated 3.9.2004 the petitioner also applied claiming himself as a member of OBC and in support thereof the caste certificate issued by the competent authority of District Sidhi (M.P.) was appended. The petitioner also disclosed his permanent residence as village Machhna Gaon District Sidhi (M.P.) and submitted his caste certificate. He was allowed to participate in the selection process consisting of preliminary test, physical test, main/written test and interview. Treating him an OBC candidate he was given age relaxation since on the cut off date on 1.7.2004 he was above the prescribed age of 21 years being more than 23 years of age. He was declared qualified in the written test and was called for interview on 19.8.2006 but was disallowed to participate in interview on the ground that he was overage and not entitled for benefit of reservation applicable to OBC category since his caste certificate was that of State of M.P. and a reserved category of another State can not claim benefit of reservation in the State of U.P.
(3.) IT is submitted that the above decision of the respondents is arbitrary and discriminatory, inasmuch as, in the advertisement it was nowhere provided that the caste certificate if issued by another State, the benefit thereunder would not be applicable to the candidate concerned. He on the alternative, submitted that in the notification of 'OBC' published in the State of U.P. on 16.02.2003 the list at serial no. 73 includes 'Kalar' meaning thereby, in the State of U.P. also 'Kalar' is included in the list of OBC and, therefore, the petitioner ought not have been denied the status of OBC nearly because he had submitted a certificate issued by an authority in the State of M.P. verifying his caste as 'Kalar'.;