VYAS, J. - (1.) IN this petition, petitioner has prayed for direction to the respondents to accept his OBC Certificate which has been obtained from the State of Tamil Nadu for the purpose of recruitment under OBC Category in the State of Rajasthan. Further it is prayed that respondents may be restrained from terminating the services of petitioner on the ground that OBC status has been conferred by the Tamil Nadu Government and his community does not find place in the OBC List of State of Rajasthan. It is also prayed that the order dated 25. 11. 2006 (Annex. 8) and any other consequential order may be quashed with all consequential benefits.
(2.) THE case of petitioner is that in pursuance of advertisement issued by respondent University for appointment on the post of Assistant Professor in Nematology vide advertisement dated 31. 12. 2005, petitioner being eligible for appointment applied for the said post. Along with the application for recruitment on the post of Assistant Professor, petitioner filed certificate of OBC issued by the State of Tamil Nadu as petitioner belongs to caste known as `kongu Velialar' which is included as community M1 No. 121 and a certificate was issued in his favour by the Tehsildar, Tiruchengode of State of Tamil Nadu and this certificate was issued for appointment to the post under the Government of India, which is evident from Annex. R/2. Petitioner's candidature was considered in pursuance of advertisement issued by respondent Maharana Pratap University of Agriculture and Technology, Udaipur and he was provided appointment on the post of Assistant Professor, Nematology vide appointment order Annex. 3 dated 13/15. 6. 2006 and in the appointment order it was specifically mentioned that appointment is subject to verification of antecedents and physical fitness. As per petitioner, he joined his duties and thereafter a communication was issued by the Registrar of respondent University dated 19/21. 9. 2006 in which petitioner was directed to submit OBC Certificate issued by the State of Rajasthan. Pursuant to said notice, petitioner submitted reply and it was informed that he had already submitted OBC Certificate as per letter No. F/ MPUAT/recruitment/2006/9167 for the purpose of creamy layer but without considering his reply another communication was sent to him for submitting the OBC Certificate issued by the competent authority of the State of Rajasthan to substantiate his eligibility in the category of OBC for appointment within 15 days. Vide communication dated 16. 11. 2006 petitioner again informed the respondent University that he is exploring the possibility to get OBC Certificate of Rajasthan and prayed for sometime to submit the same. The prayer of petitioner was accepted and he was granted one week's time vide communication dated 24/25. 11. 2006. In this writ petition it is prayed by the petitioner that respondent University may be directed to treat his OBC certificate issued by the competent authority of State of Tamil Nadu as valid certificate for the purpose of appointment on the post of Assistant Professor in the University under the OBC Category. Learned counsel for the petitioner vehemently argued that respondents are unnecessarily without any rule compelling petitioner to submit OBC Certificate issued by the competent authority of the State of Rajasthan. As per petitioner, the University after considering the candidature of petitioner for the post in question under OBC Category has provided appointment to him and now after appointment they are desiring certificate of OBC of Rajasthan, which is contrary to rules. It is submitted by learned counsel for the petitioner that SC, ST and OBC belonging to particular area of the country must be given protection to the extent that they are entitled to become equal with others in whole of the country. Since the petitioner is possessing valid OBC Certificate issued by the State of Tamil Nadu, the respondent University of Rajasthan under constitutional obligation is to accept the same and shall not act in arbitrary manner by compelling the petitioner to submit OBC Certificate issued by the authority of State of Rajasthan. Further it is argued that petitioner was lawfully selected on the basis of qualification and documents filed by him under the OBC Category and petitioner being citizen of India can claim equal status of OBC in all the States of the country on the basis of his OBC certificate because the caste to which he belongs is included in the list of OBC in the State of Tamil Nadu, therefore, respondent University cannot be permitted to ask the petitioner to submit OBC Certificate pertaining to State of Rajasthan. Learned counsel for the petitioner argued that the post upon which petitioner was appointed was created in a Project funded by ICR (Central Government) to the tune of 75%, therefore, respondents cannot be permitted to ask the petitioner to submit OBC Certificate issued by the State of Rajasthan. Per contra, counsel for the University first of all submitted that at the time of issuing appointment order it was made clear that this appointment is subject to verification of antecedents and physical fitness, therefore, at the time of screening the documents when it comes to the knowledge of University that petitioner has filed OBC Certificate obtained from Tamil Nadu for appointment to the post under the Government of India, which is not admissible for the purpose of considering his candidature in OBC Category for recruitment in the University in the State of Rajasthan, therefore, he has rightly been asked to submit the OBC Certificate of State of Rajasthan. Further it is submitted that respondent University is instrumentality of State and autonomous body created under the Statute framed by the State Legislature, therefore, policies and rules existing in State are required to followed and as per Rules and Regulations eligibility under reserved category is to be adjudged on the basis of certificate issued by State of Rajasthan as per list of reserved categories notified by Government of Rajasthan for treating a particular caste in the OBC, therefore, petitioner is under obligation to produce a valid certificate of OBC Category issued by the State of Rajasthan. Admittedly, certificate produced by the petitioner is issued by the authorities of Tamil Nadu for the purpose of recruitment to the post under the Government of India, which is evident from Annex. R/2 and the present recruitment has been made by the respondent University, therefore, all the candidates claiming reservation against SC,st or OBC are required to submit proper certificate issued by the State of Rajasthan in that regard. Further it is submitted that upon perusal of the OBC list issued by the Government of Rajasthan, the caste `kongu Velialar' to which petitioner belongs is not included in the said list, therefore, benefit of reservation under OBC category cannot be granted to petitioner and he was wrongly considered for appointment under the OBC Category, therefore, he is not entitled to seek interference of this Court under Article 226 of the Constitution of India.
(3.) IT is argued by learned counsel for the respondent University that admittedly no certificate of OBC was issued by the competent authorities of the State of Rajasthan, so also the caste to which petitioner belongs is not included in the list of Other Backward Class in the State of Rajasthan, therefore, there is no force in the argument of petitioner that post on which he was provided appointment is funded by ICR, therefore, he is not required to submit any certificate of OBC issued by the State of Rajasthan. IT is, therefore, prayed that writ petition may dismissed. I have heard learned counsel for both the parties and considered the material on record. Admittedly petitioner applied in pursuance of advertisement issued by the Maharana Pratap University for the post of Assistant Professor in Nematology. The petitioner filed certificate of OBC Annex. R/1 along with his application which is said to be issued by the authority empowered by the State of Tamil Nadu for appointment to the post under the Government of India, which is evident from the document itself. Meaning thereby, this certificate was not issued for recruitment in the State or autonomous body. This certificate was specifically issued for appointment to the post under the Government of India and admittedly petitioner applied in pursuance of advertisement issued by the respondent University in the State of Rajasthan and the said University is established under law enacted by the State Legislature, therefore, respondent University is required to except the certificate of OBC which is issued by the competent authority for the caste which is included in the OBC list notified for the other backward classes of the State of Rajasthan for the purpose of considering the candidature of candidates belonging to OBC Category. The respondent University after scrutinizing the documents submitted by the petitioner found that the OBC Certificate filed by the petitioner cannot be accepted for considering his candidature under the OBC Category, therefore, a communication was sent to the petitioner for submitted the certificate of OBC issued by the State of Rajasthan. In my opinion, no illegality has been committed by the respondent University while asking the petitioner to submit the OBC Certificate issued by the authorities of State of Rajasthan because the caste to which petitioner belongs is not included in the list of OBC of the State of Rajasthan. Learned counsel for the respondent has invited my attention towards the list of reserved category under OBC of by the Rajasthan State in that list of caste `kongu Velialar' is not included to which petitioner belongs, therefore, petitioner cannot claim right of consideration against the vacancy of OBC for recruitment on the post to which he applied. ;