No OBC certificate with HPSSB applications: HC

A division bench comprising Chief Justice Kurian Joseph and Justice Sanjay Karol passed the order while hearing a petition filed by Arvind Kumar who had challenged the decision of the chairman,HPSSB Hamirpur,not allowing him to appear in interview for the post of computer operator & programming assistant (COPA) on September 13,2011.

The petitioner,belonging to OBC non-creamy layer,had applied for a job against the vacancies for the post of COPA in the year 2010. Two posts were reserved for OBC candidates. However,his application was rejected by HPSSB for want of essential qualification.

When he took up the matter with HPSSB and used RTI to know the eligibility criteria,he was allowed to appear in the written test provisionally and after clearing it,called for interview held on September 13,2011. The petitioner had been issued certificate of belonging to OBC non-creamy layer in May 2008 by the Tehsildar,Kangra,which was renewed on May 5,2011 and once again on September 13,2011. However,the chairman,HPSSB did not allow the petitioner to appear in the interview and rejected his OBC non-creamy layer certificates.

The court observed that in several cases the candidates are made to submit OBC/non-creamy layer certificate at the time of application,interview and then during appointment,whereas it is to be seen essentially at the time of appointment by the appointing authority. However,since the HPSSB conducts the selections,it may insist for the same at the time of interview and not at the time of application. In case there is delay of more than two years from the date of issuance of certificate produced at the time of interview and the date of appointment,then only the authorities need insist for fresh certificate.