Mandatory Submission of Caste Certificates in Prescribed Format is Constitutionally Valid, Rules High Court
In a significant ruling, the Jharkhand High Court has upheld the decision of the Jharkhand Public Service Commission (JPSC) and the Jharkhand Staff Selection Commission (JSSC) to treat candidates under the general category due to non-compliance with caste certificate requirements as stipulated in their respective advertisements. The judgment was delivered in a batch of Letters Patent Appeals led by the case of Dr. Nutan Indwar v. State of Jharkhand, and others, challenging the decision of the commissions to reject their claims for reservation benefits.
The appeals arose from a common order dated December 20, 2019, which dismissed the writ petitions filed by the appellants. The appellants argued that they belonged to reserved categories and possessed valid caste certificates before the cut-off date but failed to mention the details in the online application forms due to inadvertence.
The Division Bench of Chief Justice M.S. Sonak and Justice Rajesh Shankar noted that Clause 9(gha) of Advertisement No. 02 of 2016 required candidates to possess and provide details of valid caste certificates issued by the competent authority in the prescribed format by the last date of application submission. Failure to comply led to the candidates being considered under the general category.
The court emphasized the importance of strict adherence to the terms and conditions of advertisements, ruling that ignorance of such requirements cannot be excused. The judgment reinforced that procedural requirements are not merely formalities but essential components ensuring fairness in the recruitment process.
The court distinguished the present cases from the precedent set in Ram Kumar Gijroya v. Delhi Subordinate Services Selection Board, noting that the facts differed significantly. While the appellants in the present case failed to comply with explicit requirements, the Gijroya case involved a lack of clarity in the advertisement regarding the cut-off date for certificate submission.
Further, the judgment addressed the notion of negative equality, stating that wrongful appointments cannot be used to claim parity or demand similar treatment. The court reiterated that Article 14 of the Constitution does not envisage negative equality, and any appointments made contrary to rules cannot justify similar claims by others.
The court also rejected the plea for relaxation of mandatory conditions under writ jurisdiction, asserting that the judicial system cannot alter terms set by authorities unless legally challenged.
The judgment serves as a reminder of the importance of compliance with procedural requirements in the recruitment process, reinforcing the principle that all candidates must be treated equally under the law.
Bottom line:-
Recruitment Process - Compliance with terms of the advertisement regarding submission of caste certificates in the prescribed format by the cut-off date is mandatory. Mere possession of the caste certificate is insufficient if its particulars are not mentioned in the online application form.
Statutory provision(s): Articles 14, 16, 335 of the Constitution of India; Clause 9(gha) of Advertisement No. 02 of 2016
Dr. Nutan Indwar @ Nutan Indwar v. State of Jharkhand, (Jharkhand)(DB) : Law Finder Doc id # 2894571
