If a ‘recruitment advertisement’ is scrupulously followed, then no illegality on part of the State can be pointed out

High Court of Allahabad: A Single Judge Bench of Ashwani Kumar Mishra, J. dismissed a writ petition stating that, since the State has scrupulously followed the advertisement issued for purpose of recruitment, no illegality can be made out.

The facts of the case being that the petitioner had applied for post of Constable but his application was rejected. The petitioner further contended that as per both State and Union list he belongs to the ‘OBC category’ and therefore should be given benefit according to the same. The respondent pointed out that in the online format first documents need to be uploaded and after that they are to be verified, and that the caste certificate furnished by the petitioner was not in the prescribed format in the advertisement issued in the year 2015. The Court observed, that the appointment procedure should be according to the issued advertisement, and the fact that the petitioner himself admitted to have not submitted the caste certificate in the prescribed format, the Court remarked that, there is a possibility that the petitioner belonged to the State list category of OBC for which no option was given in the online form. Thus, the Court found no illegality on part of the respondent in denying the petitioner benefits of the OBC status and hence dismissed the petition. [Manoj Kumar Yadav v. State of UP,  2018 SCC OnLine All 1006, dated 13-07-2018]

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