Central Administrative Tribunal - Srinagar
Imtiyaz Bashir Rather vs D/O Health And Medical Education Ut Of ... on 6 May, 2026
ITEM 03 1 OA 1246 OF 2021
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. No. 1246/2021
Reserved on: 25.03.2026
Pronounced on: 06.05.2026
CORAM
HON'BLE MS. JUSTICE RITU TAGORE,MEMBER(JUDL.)
HON'BLE MR. PRASANT KUMAR, MEMBER(Admn.)
Imtiyaz Bashir Rather, Age 28 years
S/o Bashir Ahmad Rather
R/o HarduwailKhasahibBudgam
PIN Code: 191111.
......Applicant
By Advocate :
Mr. Hilal Ahmad Wani.
VERSUS
1. Union Territory of Jammu and Kashmir through
Health and Medical Education Department, Civil Sectt.
Srinagar/Jammu. Pin Code:-190009
2. Director Health and Medical Education Department,
Kashmir Srinagar Pin Code:-190001.
3. Secretary, J&K Service Selection Board
Jammu/Srinagar Pin Code:-190001
4. Mohammad Asif S/o Wali Mohammad Ray R/o
TralBuchoo Near PandithMohallaTralPulwama. Pin
Code:-192123.
Digitally signed by Devendra Tripathi
Devendra DN: C=IN, O=Personal, T=5448, OID.2.5.4.65=
1335902360675164369yr67OOaFf4FUU, Phone=
236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7e
dc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER=
Tripathi 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b6749726230
9ae27cb, CN=Devendra Tripathi
Reason: I am the author of this document
ITEM 03 2 OA 1246 OF 2021
.....Respondents
By Advocate :-
Mr. Satinder Singh Kala, AAG for Official respondents
Mr. Bhat Fayaz for Respondent no. 4
O R D E R (FINAL)
JUSTICE RITU TAGORE, MEMBER [JUDL.]
01. Through the medium of the instant Original Application, the applicant seeks quashing of the selection and the consequent appointment of respondent No. 4 to the post of Theatre Assistant / Technician under RBA Category pursuant to Advertisement Notification No. 02 of 2019 dated 01.02.2019, along with a consequential direction to the respondents to consider and appoint the applicant against the said post on the basis of his merit.
02. Learned counsel for the applicant submits that the applicant had participated in the selection process of divisional cadre posts for Theatre Assistant/ Technician under RBA category, pursuant to the aforesaid advertisement notification and had secured higher merit than respondent No. 4. It is contended that despite being otherwise meritorious and eligible, the applicant was Digitally signed by Devendra Tripathi Devendra DN: C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7e dc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= Tripathi 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b6749726230 9ae27cb, CN=Devendra Tripathi Reason: I am the author of this document ITEM 03 3 OA 1246 OF 2021 denied consideration under the RBA category solely on the ground that his RBA certificate had been issued after the prescribed cut-off date.
03. It is argued that the applicant by birth and residence belongs to Hardwail, Tehsil Khana Sahib, District Budgam, a notified backward area and fulfills all substantive conditions required for claiming reservation under the RBA category, and therefore, rejection of his candidature on such a ground is arbitrary and unsustainable.
04. Learned counsel further submits that, at the stage of submission of the application online, the applicant was only required to indicate a claim with respect to the relevant category and was not obliged to furnish supporting documentary proof. It is contended that production of the same was contemplated at the stage of document verification, and requirement is purely procedural in nature. It is a settled principle of law that procedural requirement is intended to advance the cause of justice and are subservient to substantive rights, and ought not to be applied in a manner that defeat the same.
Digitally signed by Devendra Tripathi Devendra DN: C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7e dc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= Tripathi 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b6749726230 9ae27cb, CN=Devendra Tripathi Reason: I am the author of this document ITEM 03 4 OA 1246 OF 2021
05. Learned counsel for the applicant further submits that the RBA certificate is merely evidentiary in nature and does not create eligibility. According to him, in terms of Clause 4 of notice dated 05.10.2019 (Annexure VII), the applicant was required to submit the original documents on 21.10.2019 on the day of Bio- metric and document verification and he duly furnished them. It is contended that the applicant's status as an RBA candidate existed prior to the cut-off date and stood duly verified at the stage of document verification, and therefore, denial of benefit merely on account of timing of issuance and submission of the certificate amounts to elevating procedural requirements over substantive rights.
06. It is further contended that the approach adopted by the respondents defeats the very object of reservation and results in manifest injustice, as an otherwise eligible and meritorious candidate has been excluded on hyper-technical grounds. It is urged that such interpretation is violative of Articles 14 and 16 of the Constitution of India.
07. In support of his contentions, the applicant has placed reliance Digitally signed by Devendra Tripathi Devendra DN: C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7e dc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= Tripathi 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b6749726230 9ae27cb, CN=Devendra Tripathi Reason: I am the author of this document ITEM 03 5 OA 1246 OF 2021 upon the judgment dated 14.08.2024 of the Central Administrative Tribunal, Jammu Bench in Malook Singh v. Union Territory of J&K; the judgment dated 27.03.2023 of the Hon'ble High Court of Jammu & Kashmir and Ladakh in Saima Ashraf v. Union Territory of J&K, in WP(C) No. 408/2022; Mahesh Kumar Raina & Anr. v. Competent Authority, Entrance Examinations, J&K & Anr., decided on 28.04.2016; and Raghu Singh Jandla v. State of J&K & Ors., decided on 21.02.2014.
08. Per contra, learned counsel for the respondents submits that the applicant admittedly did not possess a valid RBA certificate as on the cut-off date i.e. 27.02.2019, extended upto 14.03.2019, as prescribed in the advertisement notification and, therefore, was rightly declared ineligible under the reserved category. It is contended that the terms of the advertisement are binding and must be strictly adhered to in order to ensure fairness, transparency, and equality in the selection process.
09. Learned counsel further submits that the advertisement notification specifically mandated that all eligibility conditions, Digitally signed by Devendra Tripathi Devendra DN: C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7e dc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= Tripathi 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b6749726230 9ae27cb, CN=Devendra Tripathi Reason: I am the author of this document ITEM 03 6 OA 1246 OF 2021 including possession of valid category certificates, must be fulfilled as on the last date of submission of application forms and that any certificate obtained thereafter shall not be taken into consideration. It is further submitted that the subsequent notice dated 05.10.2019 did not stipulate that cut-off date for possessing a valid category certificate would be the date of verification of documents/ counseling, as contended by the applicant. It is argued that the rejection of the applicant's candidature is strictly in accordance with the terms of the advertisement notice and does not suffer from any illegality.
10. Learned counsel appearing for private respondent No. 4 supports the action of the official respondents and submits that respondent No. 4 was fully eligible as on the cut-off date and possessed all requisite documents within time. It is contended that the applicant, having failed to satisfy an essential eligibility condition within the prescribed time, cannot claim any right to selection. Further, the challenge raised by the applicant in year 2020 to the selection of the respondent No.4, made on 08.02.2019 is vitiated by unexplained delay. Moreover, the Digitally signed by Devendra Tripathi Devendra DN: C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7e dc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= Tripathi 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b6749726230 9ae27cb, CN=Devendra Tripathi Reason: I am the author of this document ITEM 03 7 OA 1246 OF 2021 applicant failed to challenge the order rejecting his candidature.
11. Learned counsel for private respondent No. 4 further places reliance upon the judgment in Sakshi Arha vs. Rajasthan High Court (2025 INSC 463) as well as judgments in Ashok Kumar Sharma v. Chander Shekhar, (1997) 4 SCC 18, and Bedanga Talukdar v. Saifudaullah Khan, (2011) 12 SCC 85, to contend that eligibility conditions cannot be relaxed after the cut-off date and that the rules of the game cannot be altered midstream.
12. Heard learned counsel for the parties and perused the material available on record.
13. The core issue which arises for consideration is whether a candidate who was not in possession of a valid category certificate as on the cut-off date prescribed in the advertisement notice can be considered under the claimed reserved category on the basis of a certificate obtained subsequently?
14. As the advertisement notice and the subsequent notice dated 05.10.2019 remain unchallenged, their terms and conditions continue to bind the applicant. Before adverting to the rival contentions, it is necessary to examine the terms of the Digitally signed by Devendra Tripathi Devendra DN: C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7e dc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= Tripathi 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b6749726230 9ae27cb, CN=Devendra Tripathi Reason: I am the author of this document ITEM 03 8 OA 1246 OF 2021 Advertisement Notification No. 02 of 2019 dated 01.02.2019 and Notice dated 05.10.2019, forming the part of the record as Annexure-VI and Annexure VII respectively.
15. For ease of reference, the relevant terms of the Advertisement Notification No. 02 of 2019 dated 01.02.2019, are reproduced below:
"Subject: Advertisement of posts for specific GMC Baramulla, Divisional Cadre Kashmir, non-transferable to any other Institute / District / Division.
Reference: Health & Medical Education department's indent no. MEING 57/201.
a) Date of commencement for submission of online applications 04- 02-2019.
b) Last Date for submission of online applications = 27-02-2019 (1)(iii) are in possession of the prescribed academic/professional / technical qualifications as shown in the Annexure "A" by or before the last date of submission of application forms i.e. 27-02-2019. (1)(iv) are in possession of a valid Reserve Category Certificates, wherever applicable, on the last date of submission of application form i.e. 27-02-2019.
(4)The last date for the submission of online application forms as prescribed above shall be the cutoff date for determining the eligibility to apply for the post. The age limit, however, is determinable with reference to the 1 of January, 2019. Any qualification/ experience acquired after last date of receipt / submission of online application form i.e. 27-02-2019 shall not be taken into account for this purpose.
The Category certificates should also hold validity till the last cut -off Digitally signed by Devendra Tripathi Devendra DN: C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7e dc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= Tripathi 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b6749726230 9ae27cb, CN=Devendra Tripathi Reason: I am the author of this document ITEM 03 9 OA 1246 OF 2021 date."
16. The relevant portion of Notice dated 05.10.2019 reads as follows:
3.The said candidates are required to appear before the Document Verification Committee with the following documents in original along with two photocopies sets of the same duly self-attested
1. Copy of Online Application form.
2. D.O.B Certificate (10th Diploma/Marks card).
3. Reservation category certificate, if applicable.
4. Permanent Resident certificate.
5. Other documents as per the advertisement.
6. Bonafide certificate on the format prescribed by the Board duly issued by the Controller/Registrar of the concerned University in respect of candidates, who have obtained degrees from the Institute/Universities/Colleges outside the State of J&K, other than Central Universities.
4.The candidates are requited to produce weilter Application form as well as above mentioned Sets of self-attesled photo copies of each document/certificate/Bonafide on the day of document verification and Bio-metric verification.
5. Some candidates are figuring in reserve categories, based on the details they have incorporated in their data i.e. online application form. Their respective claims on this account are further subject to production of valid reserve category certificate substantiating their candidature under the respective categories during the process of counselling and document verification, in addition to the normal process of verification Indicated at para 3& 4.
17. A perusal of the terms of the aforesaid notification, clearly demonstrates that the last date for submission of online applications was 27.02.2019 (subsequently extended to 14.03.2019) and it was specifically stipulated therein that candidates must be in possession of all prescribed academic / Digitally signed by Devendra Tripathi Devendra DN: C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7e dc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= Tripathi 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b6749726230 9ae27cb, CN=Devendra Tripathi Reason: I am the author of this document ITEM 03 10 OA 1246 OF 2021 professional / technical qualifications and valid category certificates by or before the last date of submission of application form i.e. 27.02.2019.
18. The notification explicitly provided that any qualification, experience, or certificate acquired after the last date of submission of application forms i.e.27.02.2019 shall not be taken into consideration. It further clearly mentioned that the category certificates must hold validity as on the last cut-off date, which shall be the determinative date for assessing eligibility for the post. Further, the terms of Notice dated 05.10. 2019 clearly provide that the claims of the reserve category, as made in the online application form, shall also be verified at the stage of counseling, in addition to the routine process of document verification.
19. The language used in the advertisement as well as Notice dated 05.10.2019 is clear, and leaves no scope for ambiguity or relaxation. It clearly mandates that candidate must possess a valid reserve category certificate as on the cut-off date i.e. 27.02.2019 (extended date 14.03.2019). The requirement of Digitally signed by Devendra Tripathi Devendra DN: C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7e dc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= Tripathi 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b6749726230 9ae27cb, CN=Devendra Tripathi Reason: I am the author of this document ITEM 03 11 OA 1246 OF 2021 possessing a valid category certificate as on the cut-off date i.e. 27.02.2019 is not an incidental or procedural condition but forms an essential eligibility criterion for claiming the benefit of reservation.
20. These conditions, therefore, neither expressly not impliedly extend the cut- off date for possession of a valid reserved category certificate, as contended by the learned counsel for the applicant. The submission that possession of such a certificate as on the date of counseling and verification of documents would satisfy the eligibility criteria for the reserve category is untenable and stands rejected as being contrary to the express terms and condition of the advertisement notice and the subsequent notice.
21. The objective of notification is to clarify that the candidate should only apply under a said category if he meets all the eligibility conditions incorporated therein. A plain reading of notice dated 05.10.2019 clearly indicates that the date prescribed for document verification was restricted in scope. It was intended solely for the purpose of revalidating or verifying the claims made by the candidate / applicant regarding his category Digitally signed by Devendra Tripathi Devendra DN: C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7e dc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= Tripathi 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b6749726230 9ae27cb, CN=Devendra Tripathi Reason: I am the author of this document ITEM 03 12 OA 1246 OF 2021 as declared in the online application submitted for participation in the recruitment process for the post in question. The subsequent notice did not permit post facto substantiation of eligibility under the concerned category, and even by way of relaxation in the terms or conditions.
22. In the present case, it is not in dispute that the applicant's earlier RBA certificate, which had been issued on 26.05.2010 had already expired prior to the cut-off date. It is also an admitted position that the applicant applied for a fresh RBA certificate on 16.10.2019 and obtained it on 17.10.2019, i.e., much after the expiry of the prescribed cut-off date, i.e. 27.02.2019, and just four days prior to the date of counseling and documents verification on 21.10.2019.
23. Thus, as on the relevant date i.e.27.02.2019 or the extended date, for submission of online application form, the applicant was not in possession of a valid and subsisting RBA certificate. The additional certificate Annexure VIII, issued by Tehsildar Khan Sahib, certifying the applicant's continuous residence in the notified area bears the dated 23.10.2019, which is subsequent Digitally signed by Devendra Tripathi Devendra DN: C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7e dc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= Tripathi 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b6749726230 9ae27cb, CN=Devendra Tripathi Reason: I am the author of this document ITEM 03 13 OA 1246 OF 2021 to the date of document verification and counseling, is also of no assistance to the applicant. In the eyes of law, therefore, his claim under the reserved category remained unsupported by a valid document on the crucial date.
24. The contention of the applicant that the certificate is merely evidentiary in nature and that his substantive eligibility under the relevant category existed prior to the cut-off date, though appealing at a superficial level, cannot be accepted in the face of the explicit stipulations contained in the advertisement notification. Acceptance of such a plea would render the cut-off date redundant and would open the floodgates for candidates to cure defects after the closure of the application process, thereby disturbing the level playing field and undermining the integrity of the selection process.
25. It is a settled principle of service jurisprudence that the cut-off date prescribed in an advertisement is sacrosanct and must be strictly adhered to. The requirement of possessing a valid category certificate as on the cut-off date is an essential condition of eligibility and not a mere procedural formality. Digitally signed by Devendra Tripathi Devendra DN: C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7e dc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= Tripathi 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b6749726230 9ae27cb, CN=Devendra Tripathi Reason: I am the author of this document ITEM 03 14 OA 1246 OF 2021
26. The Hon'ble Supreme Court in Bedanga Talukdar (supra) has clearly held that the conditions of an advertisement are binding and cannot be relaxed after the commencement of the selection process. Similarly, in Ashok Kumar Sharma (supra), it has been held that eligibility must be determined with reference to the cut-off date and cannot be altered subsequently. Likewise, in the decision reported in Dolly Chhanda v Chairman jee and Ors AIR 2004 SC 5043, the Hon'ble Supreme Court held:
"7. The general rule is that while applying for any course of study or a post, a person must possess the eligibility qualification on the last date fixed for such purpose either in the admission brochure or in application form, as the case may be, unless there is an express provision to the contrary. There can be no relaxation in this regard i.e. in the matter of holding the requisite eligibility qualification by the date fixed. This has to be established by producing the necessary certificates, degrees or mark-sheets. Similarly, in order to avail of the benefit of reservation or weightage etc. necessary certificates have to be produced. These are documents in the nature of proof of holding of particular qualification or percentage of marks secured or entitlement for benefit of reservation. Depending upon the facts of a case, there can be some relaxation in the matter of submission of proof and it will not be proper to apply any rigid principle as it pertains in the domain of procedure. Every infraction of the rule relating to submission of proof need not necessarily result in rejection of candidature".
27. The reliance placed by the private respondent on Sakshi Arha (supra) further reinforces the position that procedural flexibility Digitally signed by Devendra Tripathi Devendra DN: C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7e dc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= Tripathi 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b6749726230 9ae27cb, CN=Devendra Tripathi Reason: I am the author of this document ITEM 03 15 OA 1246 OF 2021 cannot extend to dilution of essential eligibility conditions. The Hon'ble Supreme Court, while examining the issue arising from the absence of specified date in the recruitment notice for issuance of certificates pertaining to reserve categories, placed reliance on the principles laid in Rekha Chaturvedi (Smt) v. University of Rajasthan and others reported as 1993 Supp( 3) SCC 168 wherein it was held that , in the absence of a clearly stipulated date in the advertisement, the only definitive date for such scrutiny shall be the last date prescribed for submission of applications. Proceeding on this basis and other judicial precedents, the Hon'ble Apex court observed that any certificate claiming benefit under a reserved category must necessarily have been issued on or before the cut-off date for receipt of applications. Likewise, the judgment of this Tribunal in Aamir Majeed v. Health and Medical Education Department, O.A. No. 514/2023, decided on 28.08.2025 squarely covers the issue and holds that non-submission of a valid category certificate within the prescribed time renders a candidate ineligible for consideration under the reserved category. Digitally signed by Devendra Tripathi Devendra DN: C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7e dc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= Tripathi 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b6749726230 9ae27cb, CN=Devendra Tripathi Reason: I am the author of this document ITEM 03 16 OA 1246 OF 2021
28. Permitting the applicant to rely upon a certificate obtained after the cut-off date would amount to rewriting the terms of the advertisement and granting an undue advantage to one candidate at the cost of others who complied with the prescribed conditions within time.
29. The case of Malook Singh case (supra) relied by the applicant is clearly distinguishable. In that case, the applicant had applied for renewal of RBA certificate; however, the competent authority failed to issue the same within time. He was accordingly held not liable for any fault and his claim for consideration under the relevant category was permitted. In the present case, the applicant did not apply for the certificate prior to the cut -off date and, in fact sought issuance of the same just four days before the date of counselling and verification of documents. The facts and consequence of present case are clearly distinct.
30. Likewise, in Saima Ashraf (supra), the petitioner was already in possession of an RBA certificate along with a permanent resident certificate, therefore, the delayed submission of the Digitally signed by Devendra Tripathi Devendra DN: C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7e dc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= Tripathi 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b6749726230 9ae27cb, CN=Devendra Tripathi Reason: I am the author of this document ITEM 03 17 OA 1246 OF 2021 domicile certificate was not treated as fatal. The factual matrix in the present case is materially different.
31. Similarly, in Raghu Singh Jandla and Mahesh Kumar Raina (supra) the candidates submitted the certificate beyond the cut-off date due to the circumstance beyond their control, as the competent authority had initially rejected the request for issuance of the certificate. It was only pursuant to the appellate authority that the certificate was granted. Such circumstances are absent in the present case.
32. In the case at hand, the recruitment notification, read in conjunction with the subsequent notice, unequivocally required candidates to be in possession of a valid RBA certificate as on the cut-off date and expressly stipulated that any certificate submitted thereafter would not be entertained. A cumulative reading of these provisions makes it abundantly clear that possession of a valid RBA certificate on the last date constituted a mandatory condition of eligibility for the concerned category of the post.
33. It is evident from the applicant's own pleadings that, as on the Digitally signed by Devendra Tripathi Devendra DN: C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7e dc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= Tripathi 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b6749726230 9ae27cb, CN=Devendra Tripathi Reason: I am the author of this document ITEM 03 18 OA 1246 OF 2021 cut-off date, he did not possess a valid RBA certificate to substantiate his claim under the reserved category. Furthermore, the applicant did not even challenge the order rejecting his candidature; rather, he filed the present application after a delay of six months.
34. Consequently, the judicial precedents relied upon by the applicant are distinguishable on the facts and do not advance the applicant's claim.
35. In view of the above factual position emerging from Annexure-VI and Annexure VII and the settled legal principles governing the field, this Tribunal is of the considered opinion that the applicant was not eligible for consideration under the RBA category as on the cut-off date. Therefore, the action of the respondents in rejecting his candidature does not suffer from any illegality.
36. Consequently, no interference is warranted with the selection / appointment of respondent No. 4.
37. The Original Application is accordingly dismissed. Interim orders, if any, stand vacated. Connected MAs, if any, shall also Digitally signed by Devendra Tripathi Devendra DN: C=IN, O=Personal, T=5448, OID.2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7e dc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= Tripathi 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b6749726230 9ae27cb, CN=Devendra Tripathi Reason: I am the author of this document ITEM 03 19 OA 1246 OF 2021 stand disposed of.
38. There shall be no order as to costs.
39. Registry shall consign the file to the Record Room after due completion.
(PRASANT KUMAR) (JUSTICE RITU TAGORE)
Member(Admn.) Member(Judl.)
06.05.2026
DEVENDRA TRIPATHI
Digitally signed by Devendra Tripathi
Devendra DN: C=IN, O=Personal, T=5448, OID.2.5.4.65=
1335902360675164369yr67OOaFf4FUU, Phone= 236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7e dc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER= Tripathi 4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b6749726230 9ae27cb, CN=Devendra Tripathi Reason: I am the author of this document