IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP Nos. 3845, 4222,4642, 4703 & 4704 of 2009 Decided on: April 8, 2010. CWP No. 3845 of 2009 Anupama ….. Petitioner. Versus H.P.S.S.S.B. …… Respondent. CWP No. 4222 of 2009 Pawan Kumar ….. Petitioner. Versus H.P. S.S.S.B. …… Respondent. CWP No. 4642 of 2009 Kiran Kumari ….. Petitioner. Versus H.P. S.S.S.B. …… Respondent. CWP No. 4703 of 2009 Anjana Kumari ….. Petitioner. Versus H.P. S.S.S.B. …… Respondent. CWP No. 4704 of 2009 Rajesh ….. Petitioner. Versus H.P. S.S. S.B. …… Respondent. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B.Misra, Judge. For the petitioner (s) : Mr. Jeevesh Sharma & Mr. Sunil Mohan Goel, Advocates. For the Respondents : Mr. R.K. Sharma, Sr. Addl. AG. --------------------------------------------------------------------------------------------------- 2 Justice Kurian Joseph, C.J. (Oral) The issue raised in all these cases pertains to a dispute regarding the production of OBC Certificate in the process of selection to the post of TGT (Arts). The selection Notification does not contain a requirement that the candidate should produce the OBC Certificate along with the application. The candidates in these cases were required to produce those Certificates at the time of interview. All the candidates have produced such Certificates also. Interviews were also held. Thereafter, an objection is taken to the effect that the candidates had not produced the OBC Certificate(s) along with the application(s) and that there is no evidence to show that they belonged to the non-creamy layer OBC category at the time of application. One could have understood the condition in case there had been a provision to that effect in the selection Notification. Going through the advertisement No. 13/2008, dated 28.8.2008, we do not find any provision to that effect. This is apparently so since the creamy-layer-status is to be determined at the time of appointment. Be that as it may. The advertisement for selection since does not contain a requirement for production of non-creamy layer OBC Certificate as on the date of the submission of the application, the candidates cannot be disqualified on that count in case they have produced a valid certificate, as required in the call letter, at the time of interview. The writ petitions are allowed as above. 3 Needless to say that in case the petitioners in these writ petitions are otherwise qualified, their application shall be processed accordingly for the purpose of appointment. (Justice Kurian Joseph), Chief Justice April 8, 2010. ( Justice R.B.Misra ), (ks/vs) Judge.