Failure Of Requirement Of Uploading Non-Creamy Layer Certificate On Time Renders Consideration Only Under Open Category
The Andhra Pradesh High Court held that the failure of a candidate in fulfilling the requirement of uploading a non-creamy layer certificate on time renders their consideration only under the open category.
The Court dismissed a Writ Petition, wherein the Petitioner sought consideration under the BC-E (non-creamy layer) category for the post of Civil Judges of Junior Division, a claim which the Court found to be without merit. A notification was issued by the Registrar (Recruitment) of the High Court of Andhra Pradesh, inviting applications for 31 posts of Civil Judges of Junior Division in the Andhra Pradesh State Judicial Service. Out of these, 25 vacancies were for direct recruitment, with one post reserved for candidates belonging to the BC-E category.
A Division Bench of Chief Justice Dhiraj Singh Thakur and Justice Ravi Cheemalapati remarked, “According to the rules, the petitioner should have been in possession of all the requisite certificates in the prescribed format in support of their claim by the closing date of the application for civil services preliminary examination 2022.”
Advocate KB Ramanna Dora appeared for the Petitioner, while Advocate N.V. Sumanth represented the Respondent.
Brief Facts
The Petitioner applied for the said post under the BC-E category (creamy layer). However, her case was considered under the open merit category in view of the provisions of the advertisement notification.
Court’s Reasoning
The High Court held, “In the instant case, similarly the petitioner was required to upload the non-creamy layer certificate issued either in the year 2021 or 2022 issued in terms of G.O. No. 26, dated 9.12.2013, read with G.O. No. 3, dated 4.4.2006. We are dealing with the crucial issue of determining the eligibility of the petitioner. Failure to do the needful within the time prescribed as per the notification would render her to be considered only under the open category and not under the non-creamy layer category of BC-E.”
The Bench remarked, “Moreover, the petitioner cannot get any benefit by placing reliance upon the certificate in question issued in her favour by the Tehsildar concerned, which does not satisfy the requirement of the advertisement notification that the same had to be issued by the concerned authority either in the year 2021 or 2022. The certificate in question which has been relied upon by the petitioner has been issued in the year 2023 and therefore does not at all satisfy the requirement of the advertisement notification.”
Consequently, the Court ordered, “ Be that as it may, in our opinion the case of the petitioner was rightly rejected by the respondents for consideration under the non-creamy layer category of BC-E. We find no merit in the present petition, which is accordingly dismissed. No costs.”
Accordingly, the High Court dismissed the Petition.
Cause Title: Bepari Shaik Arshiya Anjum v. The High Court Of Andhra Pradesh & Ors. (WRIT PETITION NO: 26386 of 2023)
