Discrimination In Allowing Late Submission Of Caste Certificates: Supreme Court Directs Gujarat Govt To Appoint 2 Candidates 16 Years After They Applied

The Supreme Court recently pulled up the State of Gujarat for selectively allowing certain candidates to submit their caste certificates beyond the cut-off date in an appointment process.

The issue related to the selection process for the post of Vidya Sahayak (Music) carried out in the year 2007. Two applicants, who were visually challenged, applied under the Socially and Educationally Backward Class (SEBC) category, but had failed to submit their caste certificates within the stipulated time. Therefore, they were considered under the general category.

The applicants approached the Gujarat High Court, citing instances where the State allowed certain candidates to submit their caste certificates at the stage of interview after the cut-off date. Taking note of the different treatment meted out to candidates, the High Court in 2011 directed the State to consider the candidates under the SEBC category. Challenging the High Court verdict, the State approached the Supreme Court.

The Supreme Court also took note of the discriminatory approach taken by the State towards different candidates. The State conceded that certain candidates were allowed to produce the caste certificates at the interview stage.

In this backdrop, a bench comprising Justices Hima Kohli and Ahsanuddin Amanullah observed :

“In view of the fact that the appellants had patently discriminated against the respondents by permitting some candidates who had not submitted their caste certificates to do so at the stage of interview, whereas the applications of the respondents were rejected on the ground that they had not submitted the SEBC certificates along with their applications, we are inclined to uphold the impugned judgement.,”T 

The Court also noted that both the respondents, despite their handicap of being sight less, had received highest marks and were on the top of the list even in SEBC category. “Despite this, they have been made to run from pillar to post for the past decade and a half, seeking their rightful dues.,” the Court asserted.

In this backdrop, the Court while upholding the impugned judgment directed the State Government to take immediate steps in compliance with the directions passed in the impugned judgment within four weeks from the date of the judgment. The direction was passed after the Court was informed that the candidates are not over-age.

Further, it was also made clear that the respondents shall be extended the same benefits as have been extended to other candidates selected in response to the advertisement, for the subject post. The appeal was dismissed directing the State to pay costs of Rs.25,000 to be paid to each of the respondents.

Case Title : State of Gujarat v. Thakore Bhalabhai Umabhai 

Citation : 2023 LiveLaw (SC) 947

Click here to read the judgment