Sheik Arfin Sultana v. The State Of Andhra Pradesh, Rep. By Its Principal

THE HON'BLE SRI JUSTICE SURESH KUMAR KAIT AND THE HON'BLE DR. JUSTICE SHAMEEM AKTHER W.P.NO.11490 OF 2017 ORAL ORDER (Per the Hon'ble Sri Justice Suresh Kumar Kait) Vide the present petition, petitioner seeks directions thereby declaring the action of respondents in not including the name of the petitioner in the final selection list for the post of Stipendiary Cadet Trainee Police Constables (Communication) vide Notification Rc.No.246/R&T/Rect. 2/2016, dated 27.08.2016, as illegal, arbitrary and in violation of Article 16 of t6he Constitution of India and consequently direct the respondents to allow the petitioner with Hall Ticket No.3062668 for the post of Stipendiary Cadet Trainee Police Constable (Communication). The 2nd respondent - State Level Police Recruitment Board issued notification dated 27.8.

2016 for 494 posts of Stipendiary Cadet Trainee Police Constables (Communication) with post code No.25. The petitioner applied for the said posts, claiming reservation under B.C.-E (Women) noncreamy layer category. It appears that petitioner has produced all the relevant certificates, except the non-creamy layer certificate. The claim of the petitioner is that she brought the same to the notice of the authorities, who stated that time will be given till 6.12.2016 to produce the said certificate. As per the said instructions, she produced the non-creamy layer certificate on 5.12.

CERTIFICATES "CERTIFICATES BROUGHT". The further claim of the petitioner is that she was qualified in physical measurements / physical efficiency test and later, on 29.1.2017, appeared for written examination. On 16.2.2017 final merit list was released and under non-creamy layer category, it was displayed as "No" against the name of the petitioner and subsequently on 21.2.2017, a final merit list was published, wherein the name of the petitioner was not found.

The claim of the petitioner is that in B.C.-E (women) non-creamy layer category, last mark for selection was 74 and she secured 93 marks, but she was denied selection on the ground of non-production of non-creamy layer certificate. Aggrieved by the action of the respondents in not considering her case under B.C.-E (woman) under non-creamy layer category, she filed O.A.No.655/2017 on the file of Andhra Pradesh Administrative Tribunal, Hyderabad. By interim order dated 14.3.2017 the Tribunal while admitting the application, ordered notices to the respondents, returnable in six weeks. Now challenging the final selection list dated 27.8.2016, the petitioner filed the present writ petition. The 2nd respondent filed counter affidavit and while denying the averments made in the writ affidavit stated iner alia that only five candidates submitted non-creamy layer certificates and they were selected under B.C-E

women reservation and the 6th vacancy was filed by eligible male candidate with Reg. No.3055158, in accordance with rule of horizontal reservation, as per the judgment of the Supreme Court of India dated 18.7.2007 in Civil Appeal No.3132 of 2007, in the case of RAJESH KUMAR DARIA vs. RAJASTHAN PUBLIC SERVICE COMMISSION.

It is further stated that the petitioner submitted only the community certificate but not non-creamy layer certificate. While issuing the provisional selection list, it was informed to the petitioner that due to nonsubmission of non-creamy layer certificate, she could not get the provisional selection for the post of P.C. (Communications). Due to non-submission of non-creamy layer certificate by the petitioner, the post has been filed up by eligible candidates. Hence, if the case of the petitioner is considered at this stage, there is another candidate, who will get affected.

It is submitted that the petitioner approached the Tribunal in O.A.No.655/2017. By interim order dated 9.3.2017 the Tribunal while admitting the application, issued notices to the respondents, returnable in four weeks. Against the said interim order, petitioner filed the present writ petition and by virtue of the interim order of this court dated 30.3.2017, the

name of the petitioner was sent for antecedent verification and medical examination, vide memo dated 17.4.2017.

It is eventually stated that due to non-availability of B.C.-E women candidate under non-creamy layer category, male candidate Mohd. Mansoor with Reg.No.3055158, was selected. Based on final order in the present writ petitioner, either the petitioner - Sk.Arfin Sultana, Reg. No.3062668 (Marks-93 and Rank 3839) or Mohd. Mansoor, Reg. No.305518 (marks-131 and Rank 594) will be included in the final selection list and sent for training.

From the above, the main ground on which the candidature of the petitioner was not considered is that she did not produce the non-creamy layer certificate. In the notification dated 27.08.2016, it was clearly mentioned at paragraph No.(7)(b) that the candidates should submit the certificate in the format given in Annexure-III regarding their exclusion from the Creamy Layer from the competent authority. The petitioner, admittedly, did not submit the said certificate at the time of submission of the application. But however, she claims that as per the instructions of the respondents, she has produced the said certificate on 5.12.2016 and it was stamped as "Uploaded Certificates" and "Certificates Brought". But as per the averments in the counter affidavit filed by the 2nd respondent, which are

noted above, the petitioner submitted only the community certificate and non-creamy layer certificate was not submitted and that while issuing provisional selection, it was informed that due to non-submission of noncreamy layer certificate, she could not get the provisional selection and the post has been filled up by eligible male candidates. It is further stated that five candidates submitted non-creamy layer certificate and they were selected under B.C.-E women reservation and the 6th vacancy was filled by eligible male candidate with Reg.No.305518 as per the rule of horizontal reservation as per the judgment of the Apex Court in Rajesh Kumar Dari's case (supra), in view of non-availability of woman candidate in B.C. -E noncreamy layer category.

It is the admitted case of the petitioner that she did not submit the noncreamy layer certificate at the PMT/PET venue, however, submitted thereafter. It is pertinent to note that the Superintendent of Police, Kurnool, vide message dated 15.02.2017, informed that the petitioner has not submitted the non-creamy layer certificate. Further, in the merit list in column "Non-creamy Layer" against the petitioner's name, it was mentioned as "N" (No). The selection list was prepared based on the marks and the reservation quota for various social communities and also reservation for women, children of Police personnel (CPP), NCC and Home Guards as mentioned in A.P. Police (SCT) Rules issued in G.O.Ms.No.315, Home (Pol.C) Department, dated 13.10.1999 and its amendments thereon.

For the foregoing reasons, we do not find any merit in the claim of the petitioner and the writ petition is accordingly dismissed. No order as to costs.

Miscellaneous petitions pending if any, shall stand closed. ----------------------------------------- SURESH KUMAR KAIT,J -------------------------------------------- DR. SHAMEEM AKTHER,J DATE: 21-07-2017 AVS/ajr