Delhi High Court: A petition was filed by a candidate belonging to OBC being aggrieved by the rejection of his candidature in the Central Armed Police Forces (Assistant Commandants) Examination, 2024, conducted by the Union Public Service Commission for recruitment to the post of Assistant Commandants in the Central Armed Police Force, on the ground that he did not submit an OBC (Non-Creamy Layer) certificate issued within the stipulated period of 01-04-2024 to 14-05-2024, as mandated by the examination notification. A Division Bench of C. Hari Shankar and Ajay Digpaul, JJ., held that applying the principle of lex non cogit ad impossibilia, the petitioner could be permitted to participate in the further selection process, subject to the outcome of the writ petition.
The petitioner applied to participate in the Central Armed Police Forces (Assistant Commandants) Examination, 2024, conducted by the Union Public Service Commission (UPSC). The examination aims to recruit Assistant Commandants in the Central Armed Police Forces (CAPFs). The petitioner was in possession of an OBC certificate dated 23-02-2024 and had the requisite certificates for the previous financial years as well. However, the core dispute pertained to a specific condition in the UPSC advertisement dated 24-04-2024, which stated that:
“The OBC candidates applying for CAPF (ACs) Exam, 2024 must produce OBC (Non-Creamy Layer) certificate based on the income for the Financial Year (FY) 2023-24, 2022-23 and 2021-22 and issued on/after 01-04-2024 (after completion of FY 2023-24) but not later than the closing date of the application for Central Armed Police Forces (Assistant Commandants) Examination, 2024, i.e. 14-05-2024.”
This advertisement thus imposed an eligibility window requiring the OBC (NCL) certificate to be issued between 01-04-2024 and 14-05-2024. The petitioner was unable to secure a certificate within that exact time frame due to extraordinary and uncontrollable circumstances, i.e., his home State of Manipur was engulfed in insurgency and civil unrest, rendering it unfeasible to obtain the required certificate during the stipulated period.
The Court took judicial notice of the exceptional situation prevailing in Manipur, noting that the petitioner had presented a reasonable and plausible explanation for his inability to procure a certificate within the limited window mandated by the advertisement.
The Court invoked the legal maxim ‘lex non cogit ad impossibilia’, ie.,the law does not compel a man to do that which he cannot possibly perform, acknowledging that the State’s law-and-order situation rendered compliance with the condition virtually impossible for the petitioner.
The Court emphasized that its directions were being issued in view of the “peculiar facts” of the case and were not intended to confer a blanket right or create a precedent for future relaxation beyond the advertisement stipulations. Importantly, the Court clarified that the petitioner’s participation in the selection process shall not give rise to any plea of “special equities” at a later stage in case he is ultimately found ineligible.
In view of the petitioner’s bona fide conduct and the extraordinary circumstances presented, the Court granted the following interim reliefs:
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The petitioner was allowed to participate in further stages of the selection process under the Examination Notice dated 24-04-2024, subject to the outcome of the writ petition.
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The Court categorically stated that such participation would not entitle the petitioner to plead equities or claim appointment as a matter of right in case of any future disqualification.
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The petitioner was permitted, if feasible, to obtain and place on record a fresh OBC (NCL) certificate that would be compliant with the advertisement’s time frame — i.e., issued between 1 April and 14-05-2024.
[Md Mu Einuddin v. UPSC, W.P.(C) 6638/2025, decided on 19-05-2025]
Advocates who appeared in this case:
Mr. Sachin Kumar and Mr. Shivam Awasthi, Advocates for petitioner
Mr. Ravinder Agarwal, Mr. Manish Kumar Singh and Mr. Vasu Agarwal, Advs. for R-1 Mr. Syed Abdul Haseeb, CGSC for R-2/UOI
