Soumen Sen, J. - (1.) In re: CAN 3071 of 2019 Sufficient cause being shown for not being able to file the appeal within the statutory period. The delay of 34 days in filing the appeal is condoned. CAN 3071 of 2019 is disposed of. Two appeals, directed against the order dated 11th December, 2018, are taken up together and disposed of by this order. The writ petitioner pursuant to a public advertisement applied for LPG Distributorship (Gramin Vitarak) at Maniknagar in district Murshidabad under OBC category. Initially, this application was entertained along with other applicants belonging to the OBC category and in a lucky draw held on 29th May, 2018, the writ petitioner was selected. The Oil Company by a communication dated 30th May, 2018 requested the writ petitioner to submit the documents specified in the said letter within seven working days for verification. It also provides that the candidature is liable to be cancelled in case the petitioner fails to deposit the amount and the required documents within seven working days from the date of intimation. One of the documents to be submitted is a OBC Certificate mentioned in Appendix-3b to the Brochure of unified guidelines for selection of LPG Distributors which requires the writ petitioner to produce a Caste Certificate from the competent authority who should certify that the writ petitioner does not belong to the persons/sections (Creamy Layer) mentioned in Column 3 of the Schedule to the Government of India, Department of Personnel and Training O.M.No.30612/22/93-Estt.(SCT) dated 8th September, 1993 as amended from time to time. The writ petitioner contended before the learned Single Judge that in terms of the said communication a sum of Rs.30,000/- was deposited as well as a Caste Certificate dated 25th January, 2017 from the competent authority of the State of Jharkhand was produced. It is not disputed by the Oil Company that the writ petitioner has deposited a sum of Rs.30,000/- and produced a certificate. The candidature of the writ petitioner was, however, rejected by a communication dated 11th October, 2018 on the following grounds:- "1. OBC certificate as per applicable Format in 3b could not be submitted you. You have submitted photocopy of online certificate which is meant for applying for appointment to the posts under Government of Jharkhand." This has resulted in filing a writ petition.
(2.) In the writ petition, it was contended on behalf of the writ petitioner that when the writ petitioner was asked to produce certificate in prescribed format, the writ petitioner informed the Officer, during field verification that Jharkhand Government has made OBC certificates available in their official website, hence, certificate could not be produced as per prescription. The petitioner was asked by the Officer of the Oil Company to swear an affidavit to that effect and submit. The writ petition disclosed the said affidavit in the writ proceeding. The writ petitioner refers to the certificate dated 19th June, 2018 issued by the office of the Sub-Divisional Officer, Rajmahal under Government of Jharkhand in favour of the petitioner certifying that:- "Shri Sadhan Biswas son of Shri Ramananda Biswas resident of At-Sridhar Diyara, Block-Udhwa, Gram Panchayat - Stidhar Diyara, Village - Srighar, Police Station - Radhanagar, Post Office- Srighat, District - Sahebganj, Jharkhand is a member of Namshudra Community which is recognized as backward class under: Backward Class (Annexure-1) of Jharkhand Reservation of Vacancies and Posts (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act - 2001 *** and professes Hinduism. This is also to certify that he does not belong to the Persons/Sections (Creamy layer) mentioned in Column 3 of the Schedule to the OM No.36012/22/93-Estt(SCT) dated 08.09.1993 of Department of Personnel and Training, Government of India as adopted by the Department of Personnel, Administrative Reforms and Official Languages vide Resolution No-3482 dated 10.06.2002." What is important in the certificate is reference to the Government of India on 8th September, 1993 and the said notification read with the Gazette of India produced before us today in course of hearing shows that by a Gazette Notification dated 10th September, 1993 at Serial No.85, the Government of India has recognized Namshudra as OBC in Bihar and now becomes Jharkhand by reason of the reorganization of the State. This Gazette Notification is also annexed to the writ petition. Moreover, Namshudra is also recognized as OBC in the State of West Bengal. The advertisement is Pan India Advertisement inviting applications from all over India. It is not restricted to any State. What is important is whether the applicant belongs to OBC category. There cannot be any dispute that Oil Company requires candidates to submit copy of certificate issued by the competent authority notified by the Government of India, certifying that the candidate belongs to Other Backward Class and fulfils non-creamy layer status. That the writ petitioner is OBC, is demonstrated from the Government of India Gazette Notification read with the certificate issued by the competent authority of the State of Jharkhand.
(3.) The Sub-Divisional Officer in area of residence of persons seeking certification as belonging to OBC category is the competent authority to grant such certificate and what is important is the contents of the certificate, certifying that the applicant belongs to OBC category. As rightly observed by the learned Single Judge that certificate was issued for the purpose of obtaining job under Government of Jharkhand is of little consequence so far as his eligibility as belonging to OBC category for candidature to get distributorship is concerned. The Gazette of India Notification is in public domain and it is incontestable position that the writ petitioner applied for distributorship under OBC category, he was and is a Namshudra and it comes under Serial No.85 of the Central List of OBC for the State of Jharkhand.;