The court supports the university’s decision aligning with Government of India directives, allowing submission of caste certificates post application deadlines.
In a significant ruling, the Tripura High Court has upheld the decision of Tripura University to accept an updated Other Backward Classes-Non Creamy Layer (OBC-NCL) certificate from a candidate after the specified cut-off date for applications. This verdict came as a relief for many candidates who face challenges in timely obtaining caste certificates.
The case revolved around the appointment for the position of Associate Professor in the Department of Pharmacy at Tripura University, a post reserved for OBC-NCL candidates. Dr. Rajat Ghosh, the appellant, contested the selection of another candidate, respondent No.7, on the grounds that the latter had not submitted a valid OBC-NCL certificate by the application deadline of August 24, 2023. The respondent, however, presented an updated certificate dated December 12, 2023, after the cut-off date but before the appointment.
The university justified its decision based on Office Memorandums issued by the Department of Personnel and Training, Government of India, dated October 8, 2015, and March 29, 2023. These memorandums allow for provisional appointments based on prima facie evidence of caste, with the requirement to furnish an updated certificate within a reasonable timeframe.
The Division Bench, comprising Chief Justice M.S. Ramachandra Rao and Justice Biswajit Palit, affirmed that the university’s actions were in line with these governmental directives. The court noted that the memorandum's provisions are particularly applicable to central universities and thus justified the acceptance of the late submission.
The judges further distinguished between the importance of technical/academic qualifications and caste certificates, stating that while the former indicates the acquisition of competencies, the latter is merely evidence of an existing fact. The ruling emphasized that the cut-off dates for such submissions should be liberally construed to favor candidates, preventing the nullification of fundamental rights due to procedural delays.
The court also addressed precedents, distinguishing this case from previous Supreme Court judgments such as Sakshi Arha v. Rajasthan High Court and Divya v. Union of India, which were not applicable in this context due to differing circumstances and applicable rules.
In conclusion, the court dismissed the appeal by Dr. Ghosh, reinforcing the university’s decision to appoint the respondent based on the updated OBC-NCL certificate, thereby supporting a more flexible and inclusive approach towards the submission of caste certificates in central university appointments.
Bottom line:-
OBC-NCL Certificate - Central University permitted to accept updated caste certificate after the cut-off date for submission of applications, in line with Office Memorandums issued by the Department of Personnel and Training, Government of India.
Statutory provision(s): Office Memorandums dated 08.10.2015 and 29.03.2023 by Department of Personnel and Training, Government of India
Dr. Rajat Ghosh v. Tripura University, (Tripura)(DB) : Law Finder Doc id # 2899104
