OBC Reservation: Non-Creamy Layer Certificates Issued Within 180 Days Post-Deadline Must Be Accepted per Government Guidelines

In brief

The question

1. Whether the rejection of the petitioner’s candidature was valid in light of the relaxing provisions of the Government of India notification dated 17.08.2017

The court held

The Court held that the petitioner is entitled to the benefit of the 17.08.2017 notification

It also directed

The Court allowed the writ petition and set aside the rejection of the petitioner’s candidature. The matter was remanded to the respondent authorities with a direction to reconsider the petitioner's candidature under the OBC category by taking into account the certificate dated 29.11.2024

If found eligible, the authorities are directed to pass consequential orders for appointment, noting that medical examinations have 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, he did not possess a valid OBC (Non-Creamy Layer) certificate at the time of the application deadline, 14.10.2024

pp. 4-5

Consequently, he was treated as an Unreserved (UR) candidate. Having failed to meet the UR cut-off marks—despite allegedly qualifying under the OBC criteria—his candidature was rejected under Clause 6.5 of the advertisement

pp. 3-4

The petitioner challenged this rejection, asserting that he obtained his OBC (NCL) certificate on 29.11.2024, which should be valid per government norms

p. 5

02Issues

i.1. Whether the rejection of the petitioner’s candidature was valid in light of the relaxing provisions of the Government of India notification dated 17.08.2017

p. 4 / para. 5

ii.2. Whether the petitioner is entitled to the benefit of the OBC (NCL) certificate issued after the advertisement's closing date but within the extended period prescribed by the Commission

p. 5 / para. 8

03Law Applied

The court primarily applied the Office Memorandum/Notification dated 17.08.2017 issued by the Government of India

p. 4

Clause 3.1 of said notification, based on the Supreme Court's dismissal of SLP No. 3116/2017 (Union of India vs. Abdul Rasheed), stipulates that the Staff Selection Commission (SSC) shall not insist on OBC certificates being issued strictly before the closing date; rather, certificates issued up to 180 days after the closing date of applications are acceptable

p. 4

04Reasoning

The Court examined the timeline of the recruitment process against the 2017 notification. It was noted that the closing date for applications was 14.10.2024

p. 5

The Court observed that the 2017 notification, which allows for the acceptance of certificates issued within 180 days post-deadline, remains in force, as confirmed by the learned Central Government Counsel (CGC)

pp. 4-5

The Court reasoned that since the petitioner's certificate was issued within approximately 45 days of the closing date, it fell squarely within the 180-day grace period mandated by the Rule of Law

p. 5

Therefore, the respondent authorities erred by failing to grant the petitioner the benefit of this notification during the document verification stage

p. 5

05Holding

The Court held that the petitioner is entitled to the benefit of the 17.08.2017 notification

p. 5

pp. 5-6

If found eligible, the authorities are directed to pass consequential orders for appointment, noting that medical examinations have already been completed

p. 6

LawLens.Gauhati High Court

Original Court PDF