Gauhati High CourtAdministrative and Public LawConstitutional Law

OBC certificates issued up to 180 days after application closing date must be accepted for recruitment.

Sri Jaydeep Debnathv.The Union Of India Annd 7 Ors

OBC certificates issued up to 180 days after application closing date must be accepted for recruitment.. Sri Jaydeep Debnath vs The Union Of India Annd 7 Ors. Gauhati High Court. LawLens
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In brief

The question

1. Whether the restrictive timelines for OBC (NCL) certificate submission in the advertisement can override the relaxations provided in the Government of India notification dated 17.08.2017

The court held

It held that the petitioner is entitled to the benefit of the notification dated 17.08.2017.

It also directed

The Court allowed the writ petition and remanded the matter to the respondent authorities. The respondents were directed to reconsider the petitioner’s candidature under the OBC category by taking into account his NCL certificate dated 14.10.2024. If found eligible under the OBC cut-off, the authorities are directed to issue a consequential appointment order, noting that his medical examination has already been completed.

01Facts

The petitioner applied for the post of Constable (GD) in the Central Armed Police Forces (CAPFs) pursuant to an advertisement dated 05.09.2024

p. 3

Although the petitioner belongs to the OBC category, his OBC (NCL) certificate had expired on 03.06.2024, and he was unable to produce a valid certificate by the prescribed deadline

p. 3

Consequently, the respondent authorities treated him as an "Unreserved Category" candidate. Having failed to meet the cut-off marks for the general category, he was denied selection

p. 3

The petitioner challenged Clause 6.5 of the advertisement, alleging it conflicted with a Government of India notification dated 17.08.2017

pp. 3-4

02Issues

i.1. Whether the restrictive timelines for OBC (NCL) certificate submission in the advertisement can override the relaxations provided in the Government of India notification dated 17.08.2017

pp. 3-4

ii.2. Whether the petitioner is entitled to be considered under the OBC category based on a certificate issued on the closing date of applications

pp. 4-5

03Law Applied

The Court primarily applied the Government of India Notification dated 17.08.2017, issued following the Supreme Court’s dismissal of SLP No. 3116/2017 in Union of India v. Abdul Rasheed

p. 4

This notification establishes that the Commission shall not insist on candidates producing OBC certificates strictly within a narrow cut-off; rather, certificates are valid if issued within three years before the last date of receipt of applications and up to 180 days after the closing date

p. 4

the court applied the principle of Mandamus to compel authorities to perform their legal duty in accordance with subsisting government circulars

p. 3

04Reasoning

The Court examined the conflict between the advertisement’s clauses and the 180-day grace period mandated by the 2017 notification. The respondents conceded through written instructions that the 2017 notification "still continue[s] to hold the field"

p. 4

The Court noted that the closing date for applications was 14.10.2024, and the petitioner had obtained his updated OBC (NCL) certificate on that exact date. Since the notification explicitly prevents the Commission from rejecting certificates issued within 180 days after the closing date, the Court reasoned that a certificate issued on the closing date must necessarily be accepted

pp. 4-5

The Court found that the benefit of this policy was erroneously withheld from the petitioner during the document verification stage

p. 5

05Holding

It held that the petitioner is entitled to the benefit of the notification dated 17.08.2017.

p. 5

The Court allowed the writ petition and remanded the matter to the respondent authorities. The respondents were directed to reconsider the petitioner’s candidature under the OBC category by taking into account his NCL certificate dated 14.10.2024. If found eligible under the OBC cut-off, the authorities are directed to issue a consequential appointment order, noting that his medical examination has already been completed.

p. 5
Gauhati High Court

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Sri Jaydeep DebnathvsThe Union Of India Annd 7 Ors

Gauhati High Court · June 01, 2026

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