1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 3840 of 2010. Date of decision: 28.7.2010 Ravinder Kumar ….. Petitioner. Vs. State of H.P. & others …. Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner : Mr. Ranjan Sharma, Advocate. For the Respondents : Mr. R.K. Sharma, Sr. Additional Advocate General, for the respondents. Justice Kurian Joseph, C.J. (Oral) The petitioner has approached this Court aggrieved by Annexure PB, rejecting the application of the petitioner for selection to the post of Lecture (Physics) on the ground that the petitioner has not attached the OBC certificate alongwith the application. A similar issue was considered by this Court leading to the judgment dated 8.4.2010 in CWP No.4222 of 2009. The extract of the judgment reads as follows:- “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 alongwith 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- 2 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. 2. 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”. 2. The petitioner being similarly situated and the issue being the same, this writ petition is disposed of in terms of the judgment extracted above. Needless to say that the result be declared and subject to the outcome of the result, further action will be taken in accordance with law. Copy dasti (Justice Kurian Joseph) Chief Justice July 28, 2010 (Justice Kuldip Singh), (sks/grs) Judge.