Backward Candidates get huge relief; 22-year old petition ruled in their favour

Jammu, Apr 28 : 

A high court full bench of Chief Justice N Paul Vasanthakumar, Justice Dhiraj Singh Thakur and Justice B S Waliaon Thursday decided a 22-year-old petition. The bench has provided a major relief to the candidates who at the time of applying for jobs in government departments do not had category certificate to attach with their application forms.

The bench stated that the candidates who belonged to the backward area should not lose his right for the reserved category post even if he fails to produce the category certificate along with his application form at that instant. But the candidate should produce it before the finalization of the selection for admission or appointment. And if no claim is made in the application form in this regard, he should not be permitted to produce the certificate later and shall be considered in open merit category, the bench added.

The matter was referred to the full bench by a division bench on March 15, 1994. Deciding the matter, the full bench observed that the person who had filed the case before the court had sought admission to MBBS/BDS course for academic session 1993-94 following which a notification was issued in August 1993.

The last date for submitting application form was September 15, 1993. The person had applied before the last date. Admit card was issued to him and he appeared in the entrance examination on October 9 and 10 in 1993 in Jammu.

He got the reserved category ( Resident of Backward Area) certificate on September 30, 1993 even as he had applied for it before the last date of submitting his application form.

Main motive behind making reservation rules was to uplift and upgrade the social backwardness of people, said the full bench.

A candidate belonging to backward area does not lose his right of consideration of reserved category post if he fails to produce the category certificate along with his application form, added the full bench.

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