Mere Delay In Production Of OBC-Non Creamy Layer Certificate Not A Ground To Reject Candidature: Kerala High Court

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Case: Indian Institute Of Science Education And Research Vs. Dr.Smitha V S

Coram: Justice Alexander Thomas & K.Babu

Case No: WA.No.2029 OF 2018

Court Observation: “We are of the considered view that rejection of the candidature of the respondent from the OBC category on the mere ground of belated submission of the relevant OBC-NCL certificate will only result in virtually throwing out a meritorious candidate with extensive research experience, in the facts and circumstances of this case. This will only lead to a situation where the rights and opportunities guaranteed to the respondent under Articles 14 and 16 of the Constitution of India will be flagrantly violated.”

“We have already noted that the abovesaid norms, that governed the selection process, do not insist for production of the abovesaid certificate before the last date of submission of the application and a reasonable time thereafter is available, where the candidate has made the claim for reservation benefit in the application. Therefore, the rejection of the candidature of the respondent for the OBC-NCL reserved post is in violation of the abovesaid norms flowing out from Clause 26 of Ext.P-1 and Clause 10 thereof read with Ext.P-10, etc.”


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