The Supreme Court has said that allowing applicants for public posts to submit certificates for reservation claims after the notified cut-off date will create administrative chaos. A bench of Justices Mohan M Shantanagoudar and Justice R Subhash Reddy referred the matter to a larger bench to reconsider the comments made in Ram Kumar Gijroya v. Delhi Subordinate Services Selection Board (DSSB ) case.
In fact in the Ram Kumar Gijroya case it was held that claims for inclusion in the OBC category can also be considered in cases where the certificates were not produced by the applicants before the date of the cut-off notified in the advertisement. In the present case the Court was considering a petition filed against the order of the Delhi High Court by an applicant for the post of Subordinate Services of the Delhi Subordinate Services Board. In the appeal it relied on the judgment of Ram Kumar Gijroya. The petitioner claimed to be an OBC candidate while submitting his application without attaching a certificate from the competent authority. As he did not produce the required certificate from the competent authority before the cut-off date, he was not considered as an OBC candidate.
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However, he obtained marks above the cut-off point in the OBC category but due to this he was appointed The letter was not issued. Addressing the dispute, the bench said: "In view of the acute problem of unemployment, whenever certain vacancies are notified by any public authority, it is common that thousands of applicants apply to such positions.
If the applicant has to fix the application after the cut-off dates If allowed to do so, the same scrutiny will render the process indefinitely. During such recruitment process, many people, though they are of OBC category or SC / ST category, may not have obtained the required caste certificate before the cut-off date. Such individuals, law-abiding and conscious of the prohibition included in the notification of the cut-off date, may not have applied for employment. If the authority starts accepting caste certificates after the cut-off dates, whenever a candidate goes to the authority then the remaining candidates who did not apply will surely be affected.
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This would create administrative chaos if the applicants were allowed to produce a certificate in proof of their claim of reservation after the notified cut-off date. " The court said that in practice, for every advertisement, there are such claims claiming reservation, although the candidates did not submit the certificate from the competent authority before the cut-off date. Thus, given the general importance of the question, the court referred the case to a larger bench.