A Full Bench of Allahabad High Court comprising of Chief Justice Dilip B.Bhosale, Justice Dilip Gupta and Justice Yashwant Verma, in the case of Gaurav Sharma vs State of U.P. and Others (SPLA No.156 of 2017) considered the issue of validity of an OBC Certificate issued after the cut off date prescribed in the advertisement. The bench formulated the following questions for its consideration:
- Whether the candidature of an OBC Candidate is liable to be rejected on the ground of the caste certificate having been submitted after the last date of submission of Applications?
- Whether the decision in Arvind Kumar Yadav lays down and represents the correct position of law?
- Whether there exists any irreconcilable difference or repugnancy between the norms fixed by the Union and State Governments with regard to certification of creamy layer? If not, its effect?
The Full bench answered the reference as follows:
”We accordingly answer Question No. 1 in the negative and hold that an OBC candidate is not exempt from the rigours of a cut off or last date prescribed in an advertisement or recruitment notice. We further declare that Arvind Kumar Yadav correctly articulates the law on the issue and overrule Pravesh Kumar and Shubham Gupta. Insofar as Question No. 3 is concerned, we hold that although there is no repugnancy in the norms fixed by the Union and State Government, the same would have no favourable impact upon the eligibility of a candidate unless he also furnishes a certificate evidencing him as belonging to the OBC category as recognised and identified by the State.”