HP High Court: BPL Certificate enough for recruitment benefits, No need for separate income proof
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Shimla, June 23,
The Himachal Pradesh High Court has held that a valid BPL certificate issued by the competent authority is sufficient for awarding BPL marks in recruitment. The court ruled that asking for a separate income certificate in such cases is unjustified and arbitrary.
The Division Bench of Justice Vivek Singh Thakur and Justice Ranjan Sharma made this observation while hearing writ petitions of Sahil Kumar versus HP State Electricity Board Limited (HPSEBL) recently.
The petitioner had applied for the post of Junior T-Mate under the General (BPL) category in response to Advertisement No. 1/2018. Though he submitted a valid BPL certificate with his application, he was denied 2.5 marks reserved for BPL candidates, which affected his selection.
The HPSEBL rejected his representation, stating he failed to submit a separate income certificate proving family income below Rs. 40,000. Aggrieved, Sahil Kumar approached the High Court after the matter was transferred from the abolished State Administrative Tribunal.
The court found that the BPL certificate submitted by the petitioner was valid, properly issued, and met all requirements of the recruitment advertisement. It observed that the income requirement was inherent in the BPL certificate itself and there was no need for a separate income proof.
The court noted that denying BPL marks on this ground was arbitrary and against the rules. It held that Sahil Kumar was entitled to the 2.5 marks, which would place him ahead of the last selected candidate. However, instead of removing the already appointed candidate, the court directed HPSEBL to create a supernumerary post for Sahil Kumar.
The court also granted him all service benefits, including seniority and arrears from the date when others were appointed. The writ petition was accordingly allowed.
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