Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | West Bengal Judicial Service competent authority Issuance of certificate |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | West Bengal Scheduled Castes and Scheduled Tribes (identification) Act, 1994 (38 of 1994) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | WEST BENGAL SCHEDULED CASTES AND SCHEDULED TRIBES (IDENTIFICATION) ACT, 1994:s.5 - Issuance of certificate - Competent authority - West Bengal Judicial Service Examination, 2007-· Respondent claiming to be a member of Scheduled Tribe on · the basis of certificate issued by Director, Backward Class Welfare, West Bengal - Treated as a general category candidate - Held: The notification specifically stipulates that a candidate belonging to SC/ST/BC must have a certificate in support of his/her claim from a competent authority as specified under the Act - There is no effort in the decision taken by the Commission in not entertaining respondent's application as a ST candidate since no certificate was E produced from competent authority - However, respondent would be appointed as a Judicial Officer consequent to the examination conducted in 2010 wherein he appeared by producing the certificate issued by competent authority. The respondent In terms of Notification dated 17.1.2007, submitted his application for West Bengal Judicial Service Examination 2007 by paying an amount of Rs.2001· as required by General category candidates. However In the application he mentioned that he belonged to "Gonda Community", a Scheduled Tribe and also attached a certificate from the Director, Backward Class Welfare, West Bengal. The Commission considered him as a general candidate as he had not produced the certificate from the competent authority. The writ petition filed by him was allowed by the Single Judge of the High Court. The Division Bench declined to interfere. |
Judge | Hon'ble Mr. Justice K.S. Panicker Radhakrishnan |
Neutral Citation | 2013 INSC 303 |
Petitioner | Registrar General, Calcutta High Court |
Respondent | Shrinivas Prasad Shah And Others, |
SCR | [2013] 3 S.C.R. 211 |
Judgement Date | 2013-05-03 |
Case Number | 4282 |
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