Petitioner challenged cancellation of appointment due to failure to submit non-creamy layer certificate before interview. Court held candidate must fulfill criteria at application stage; failure deleted reservation status.
Writ petition against the corrigendum cancelling the petitioner's appointment was dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2707 of 2016
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Ashraf Badar son of M. Badruddin resident of Mohalla - Lodipur, Police Station - Lodipur, Town & District - Bhagalpur.
.... .... Petitioner Versus
.... .... Respondents =========================================================== Appearance : For the Petitioner : Mr. Rajesh Mohan, Advocate Mr. Md. Walliur Rahman, Advocate For the BPSC : Mr. Sanjay Pandey, Advocate ===========================================================
CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT
Date: 03-01-2018
Heard Mr. Rajesh Mohan, learned counsel for the petitioner and Mr. Sanjay Pandey, learned counsel appearing for the Bihar Public Service Commission. There is no representation on behalf of the State.
The petitioner is aggrieved by the corrigendum issued by the Bihar Public Service Commission, impugned at Annexure-7 and whereby the petitioner’s successful candidature for appointment on the post of Medical Officer, basic grade has been cancelled inter alia on the failure of the petitioner to submit the non-creamy layer
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certificate in conformity of the requirements present at paragraph-9(ii) of the advertisement, a copy of which is placed at Annexure-3 to the writ petition and which inter alia required the candidates coming from the backward category and extremely backward to obtain a certificate of belonging to non-creamy layer from the Circle Officer of the area for obtaining the benefit of reservation.
The petitioner though belongs to be extremely backward class as confirmed from the caste certificate, present at Annexure-2 but the advertisement so published in 2014 by the Bihar Public Service Commission at Annexure-3 requires a further certification to be submitted by the candidates coming from the backward class/extremely backward class and they had to produce a non-creamy layer certificate from the Circle Officer. It is not in dispute that neither the certificate was produced by the petitioner along with his application form nor he took any step to procure the same for its production at the time of interview as per the directions contained in the Interview Call programme present at Annexure-4 which at paragraph-6 again reminds the candidates of this obligation. Annexure-4/A of the writ petition is the Interview Call letter and fixes 22.05.2015 as the date of interview on which date the petitioner was required to produce all his testimonial including the non-creamy layer certificate. It is undisputed rather admitted that although the petitioner
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had produced other certificates but the non-creamy certificate was not produced by him because a copy of the same was obtained by him much thereafter on 30.06.2015 as manifest from Annexure-5.
It is in this view of the matter that although the petitioner’s name figured in the list of successful candidate, a copy of which is at Annexure-6 at sl.no.205 but on the error being detected that the result has been cancelled through the corrigendum in question at Annexure7 where the name of the petitioner appears at sl.no.6.
Though Mr. Rajesh Mohan, learned counsel for the petitioner submit that the respondents were satisfied by the candidature of the petitioner and hence published the result at Annexure-6 but even while making such submission, Mr. Mohan cannot dispute that the petitioner was not in a position to produce the non-creamy certificate either at the time of filing of the application or at the time of interview.
In the circumstances discussed and where the advertisement at Annexure-3 at Clause-9(ii) very clearly casts obligations on the candidates coming from the reserved category to produce a noncreamy layer certificate, the petitioner should have taken prompt steps for procuring the same but he failed and got a copy thereof only after the interview date. The legal position is well settled and a candidate has to fulfill the criteria on the date of filing of the application. Since
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undisputedly the petitioner was not in possession of the non-creamy certificate which was a mandatory condition for the candidates coming from the reserved category his failure to do so shifted his candidature from reserved category to general category and since he failed to secure the marks for selection under the general category, his
result has been cancelled.
For the reasons discussed, the writ petition is dismissed.
(Jyoti Saran, J)
N.H./-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| UploadingDate | 09-01-2018 |
| Transmission Date |
2 issues framed by the court
Whether a candidate from an OBC category satisfies selection criteria if they submit a non-creamy layer certificate after the interview date.
Whether failure to produce mandatory non-creamy layer certification results in dismissal of candidature versus conversion to general category.
Ashraf Badar
The State of Bihar through the Principal Secretary, Department of Health
The Bihar Public Service Commission through its Secretary
The Chairman, Bihar Public Service Commission
The Joint Secretary-cum-Controller of Examination, Bihar Public Service Commission
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
