iv) In Sourabh Didwania (supra) a Single Judge of the Rajasthan High
Court has dealt with the case of denial appointment on the ground of
delayed submission (OBC/Non-creamy layer certificate) after cut off date.
The exact terms and conditions of the advertisement in the case before the
Rajasthan High Court are unknown. Therefore, we are unable to follow the
judgment of the Single Judge of the Rajasthan High Court and are bound
by the judgment of the Division Bench of this Court.
17 Resultantly, we are of the considered view that no error is committed
by the Tribunal in dismissing the Original Application filed by the Petitioners.
Even otherwise
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the judgment of Kerala High Court can only have persuasive value whereas
we are bound by the view taken by this Court in Supriya Vinayak
Gawande (supra).
ii) In Union of India vs. Abdul Rasheed (supra) the Kerala High Court
was dealing with a case where OBC Certificate was issued to the
candidates 180 days after the closing date of online application. The
judgment will have thus no application to the present case.