Pintu Ali Khan v. Union Of India & ORS

09.092020 Chamber Item No.11 CP WPA 4626 of 2020 (Via Video Conference) Pintu Ali Khan vs.

Union of India & ors.

Mr. Debabrata Das Gupta.

.....for the petitioner.

Mr. B. Jha.

...for the respondents 1, 2 & 3.

Mr. Santanu Kumar Mitra.

...for the State.

This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the rejection dated January 25, 2020 by the respondents authorities as the petitioner was not able to produce the relevant OBC certificate in the prescribed format. The case of the petitioner is that he had a certificate from the Government of West Bengal as an OBC.

Counsels on behalf of the respondent authorities submit that the petitioner is required to submit an OBC certificate issued by the Central Government for appointment in a Central

Government post. That not being the case, the application of the petitioner was rejected.

Upon perusing the materials on record it is clear that the OBC certificate received by the petitioner, (annexure P-5, page - 22), is not a certificate issued by the Government of India. Accordingly, I am of the view that this writ petition has no merit and is liable to be dismissed.

In the light of the above findings, the writ petition is dismissed.

Since no affidavit has been exchanged, the allegations made in the writ petition are deemed to have not been admitted by the respondents.

There shall be no order as to costs.

(Shekhar B. Saraf, J.)