Bajanthri Prasanth Kumar v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE SURESH KUMAR KAIT AND THE HON'BLE DR. JUSTICE SHAMEEM AKTHER W.P.NO.11336 OF 2017 ORAL ORDER (Per the Hon'ble Sri Justice Suresh Kumar Kait) Vide the present petition, petitioner challenges the order dated 22.03.2017 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A.No.740 of 2017, whereby the learned Tribunal while admitting the application filed under Section 19 of the Administrative Tribunals Act, passed interim orders, directing that final selection in BC-A category shall be subject to final result in the original application.

The learned counsel for the petitioner submits that since the Tribunal has dismissed similar O.As., therefore, the fate of the petitioner before the Tribunal would be same. Accordingly, he seeks to dispose of the writ petition on merits, though it is filed against the interim order. The learned Government Pleader for Services did not oppose for the same.

With the consent of both the counsel, and in exercise of jurisdiction under Articles 226 and 227 of the Constitution of India, we

are inclined to dispose of the writ petition on merits of the claim of the petitioner.

Brief facts of the case are that on 27.08.2016, a notification vide Rc.No.246/T & T/Rect.2/2016 was issued by the State Level Recruitment Board, Andhra Pradesh (2nd respondent) for 494 vacancies in Stipendiary Cadet Trainee Police Constables (Communication) under post code No.25. Petitioner applied for the said vacancies through online. On 2.12.2016, after participation in physical measurement test / physical efficiency test, he has produced all the relevant certificates before the authorities concerned. It appears that petitioner has not produced the non-creamy layer certificate. Therefore, he brought to the notice of the authorities about non-production of said certificate. The authorities stated that time will be given after the final written examination, to produce noncreamy layer certificate. Upon receiving the certificates, the authorities have stamped 'UPLOADED CERTIFICATES'

'CERTIFICATES BRIOUGHT'. On the same day, after completion of the physical measurement / physical efficiency test, a memorandum was issued stating that the petitioner was qualified for the post of Stipendiary Cadet Trainee Police Constable. Later, on 29.01.2017,

the petitioner appeared for final written test conducted. A merit list for the post of P.C. (Communications), 2016 was released on 16.2.2017. In the said merit list, the name of the petitioner appeared and in noncreamy layer column it is displayed as "N". Others, especially children of police persons, whoever had information to submit noncreamy layer certificate after 16.2.2017, have submitted, but the petitioner was waiting for the date to be announced to produce noncreamy layer certificate. The petitioner submits that it is assured by the respondents that even after final selection list, non-creamy layer certificate can be produced and, therefore, after getting certificate on 25.2.2017, petitioner produced the certificate of non-creamy layer. However, the respondents have not considered his candidature and rejected the same. Being aggrieved, petitioner approached the Tribunal by filing O.A.No.740/2017 and the Tribunal while ordering notice, granted interim order.

It is not in dispute that notification for the aforesaid posts was issued on 27.8.2016 and the last date for uploading the application was 1.10.2016. Physical efficient test was conducted on 2.12.2016 and final merit list was published on 20.2.2016.

It is also not in dispute that the certificate of non-creamy layer issued by the Tahsildar concerned produced by the petitioner, is dated 25.2.2017.

In the affidavit filed by the respondent, it is stated that at the time of PMT/PET venue, petitioner brought only three certificates viz., Secondary School Certificate, Board of Intermediate Education, Community, Nativity and Date of Birth Certificate and same were uploaded. 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. He has not submitted the non-creamy layer certificate at the PMT/PET venue. The Superintendent of Police, Kurnool vide message dated 15.2.2017, informed that the petitioner has not submitted the noncreamy layer certificate.

Further, in the merit list in column 'Noncreamy 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.

G.O.Ms.No.315, Home (Pol.C) Department dated 13.10.1999 and its amendments thereon. Petitioner submitted only the community certificate, but not non-creamy layer certificate. While issuing the provisional selection list, it was informed that due to non-submission of non-creamy layer certificate, he could not get the provisional selection for the post of PC (Communications). Thereafter, merit list was uploaded in the official website of "recruitment.appolice.gov.in", which is available for all the candidates. In the press release dated 16.2.2017, it was informed that the merit list for the post of PC (Communications), is prepared based on the marks obtained by the candidates in the exam held on 29.01.2017.

While releasing the merit list on 16.2.2017 in website, one more chance was given to the petitioner to submit all certificates if he/she wants to claim benefit of reservation including non-creamy layer for BC candidates. Even after issuance of the above press release, the petitioner did not approach the authorities, where he attended the PMT/PET and did not submit the non-creamy layer certificate within time provided.

It is not denied that the petitioner submitted only community certificate, but not non-creamy layer certificate as required under Annexure-III.

Since the petitioner failed to submit the non-creamy layer certificate, the provisional list was released. The petitioner acquired the certificate on 25.2.2017, whereas the provisional selection was released on 20.2.2017. Accordingly, his candidature was not considered under the BC-A reservation category. In view of the facts recorded above, we find no 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:29-06-2017 AVS