Service Law – Female Reservation – Non-Creamy Layer certificate – Change of category – Appellant contended that she did not submit her application under the ‘Reserved Female Category’ on account of her inability to obtain an NCL Certificate which was valid as on the last date of submission of the application form i.e., 01.06.2022 – However, upon the issuance of the Corrigendum, the appellants’ eligibility qua the ‘Reserved Female Category’ came to be revived as the appellant was no longer mandated to furnish an NCL Certificate which was valid as on the last date of submission of the application form but instead was called upon to furnish an NCL Certificate pertaining to current financial year:
Held: Admittedly, the appellant i.e., a candidate who was scrupulously following the terms and conditions of the impugned advertisement was constrained to apply under the ‘Open General Category’ only on account of certain logistical limitations preventing her from obtaining a valid NCL Certificate – Consequently, in the absence of the requisite documents evidencing status as a person belonging to the NCL under the impugned advertisement read with the Circular i.e., a valid NCL Certificate as on the date of submission of the application form, the appellant did not mark ‘yes’ against the specific question pertaining to her status as a person belonging to the NCL – The aforenoted conduct of the appellant is bonafide – Accordingly, the appellant cannot be unfairly deprived of the benefit of female reservation merely on account of the appellant’s honesty and restraint which did not allow her to mark ‘yes’ against a column inquiring about a prospective candidates’ status as a person belonging to the NCL, in the absence of the underlying supporting document – Additionally, other similarly situated candidates have been granted the benefit under the Corrigendum; and their otherwise defective applications have now been considered by the Respondent – The High Court adopted a hypertechnical interpretation of the instructions without appreciating that such an interpretation would nullify the effect of the Corrigendum – Impugned order set aside. [Paras 16, 17, 18]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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