The Patna High Court, while dismissing a petition filed against the Memo issued by the Commission whereby the petitioner’s candidature for the post of Assistant Professor (Mathematics), pursuant to Advertisement dated 21.09.2020 was rejected on the ground of non-submission of Non-Creamy Layer (NCL) certificate, held that there cannot be any relaxation in the terms and conditions of the advertisement unless such a power is specifically reserved in the relevant statutory rules. Even if the power of relaxation is provided in the Rules, it must still be mentioned in an advertisement.
Brief Facts:
The petitioner, who is an Economically Backward Class (EBC) candidate, had applied for the post of Assistant Professor (Mathematics), pursuant to the Advertisement dated 21.09.2020, issued by the Bihar State University Service Commission. The petitioner is aggrieved by the Memo issued by the Commission whereby the petitioner’s candidature for the post of Assistant Professor (Mathematics), pursuant to Advertisement dated 21.09.2020 was rejected on the ground of non-submission of Non Creamy Layer (NCL) certificate. The petitioner submitted his Non Creamy Layer certificate in the year 2024.
Contentions of the Petitioner:
The Learned Counsel for the Petitioner submitted that rejection of his candidature by the Commission for non-submission of Non-Creamy Layer certificate along with the application within the cut-off date prescribed in the advertisement is not justified, and since he submitted his Non-Creamy Layer certificate in the year 2024, which though beyond the cut of date prescribed by the Commission, his candidature may be accepted.
Observations of the Court:
The Court noted that the selection process has to be conducted strictly in accordance with the stipulated selection procedure. When a particular schedule is mentioned in an advertisement, the same has to be scrupulously maintained.
The Court observed that there cannot be any relaxation in the terms and conditions of the advertisement unless such a power is specifically reserved in the relevant statutory rules. Even if the power of relaxation is provided in the Rules, it must still be mentioned in an advertisement. In the absence of such power in the Rules, it could still be provided in the advertisement. However, the power of relaxation, if exercised, has to be given due publicity.
The Court said that all the required documents as stipulated in the advertisement dated 21.09.2020 were not submitted by the petitioner within the time stipulated in the advertisement.
The decision of the Court:
The Patna High Court, dismissing the petition, held that there is no merit in the writ petition.
Case Title: Prabhu Kumar Sah v The State of Bihar & Ors.
Coram: Hon’ble Justice Nani Tagia
Case no.: Civil Writ Jurisdiction Case No.10853 of 2024
Advocate for the Petitioner: Mr. Majid Mahboob Khan
Advocate for the Respondents: Mr. Tuhin Shankar
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