Khushi Gupta
Published on: April 12, 2022 at 03:40 IST
The Supreme Court ruled that the Issue of Public Certification could not be considered for the first time before the Apex Court, especially when it was decided that it should be done on a Disability Basis and not on a Public Basis.
This was noted by the Bench of Justices SK Kaul and MM Sundresh when they Overturned the Special Leave Petition (SLP) which challenged the direction of the National Human Rights Commission in which it Ruled that a Candidate must nominate a candidate under a Disability Grant.
Among other Submissions, the Applicant presented before the Apex Court that he should be appointed as he belongs to the Scheduled Caste Community.
However, the Supreme Court overturned the Appointment on the Grounds that the matter had been brought before it for the first time and that Employment was a requirement under the Disability Grant.
Significantly, the Supreme Court concluded that the issue of a Public Certificate cannot be moved before it for the first time if the appointment is sought under a Disability Grant and not under an Allocated Community Category.
