Patna High Court
Nivedita Singh vs The State Of Bihar And Ors on 23 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13361 of 2018
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Nivedita Singh, Daughter of Dev Narain Singh, resident of Jawahi Diyar,
P.O.- Balua, P.S.- Brahmpur, District- Buxar, Presently resident at 247, Pandit
Gangadhar Mishra Nagar, Chaubaga Bye Pass, Sitapur (Uttar Pradesh).
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Home Department, Govt. of Bihar, Patna.
3. The Director, Forensic Science Laboratory, Bihar, Patna.
4. The Bihar Staff Selection Commission through its Chairman.
5. The Secretary, Bihar Staff Selection Commission, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Prashant Sinha, Advocate
For the Respondent/s : Mr. Anil Kumar, AC to SC-8
For the BSSC : Mr. S.S. Sundram, Advocate
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
ORAL JUDGMENT
Date : 23-02-2021
Heard Mr. Prashant Sinha, learned counsel for the
petitioner, Mr. S.S. Sundram, learned counsel for BSS
Commission and Mr. Anil Kumar, AC to SC-8.
2. The instant writ application has been filed by the
petitioner for a direction to the respondents to consider her case
for appointment against the post of Senior Scientific Assistant,
pursuant to Advertisement No. 09010115 (Ballistic branch-
Physics Division) and Advertisement No. 11010115 (Physics
branch- Physics Division).
3. The short point involved in the present writ
application whether the petitioner can claim her candidature in the
Patna High Court CWJC No.13361 of 2018 dt.23-02-2021
Backward Class Category where the petitioner failed to produce
the Creamy Layer Certificate required for appointment of
Backward Class Category at the time of interview.
4. Admittedly, the petitioner was called for interview on
26.12.2015 and 27.12.2015, as is evident from Annexure-3 (A) and
3(B). The certificate of Creamy Layer appended to the writ
application is dated 29.12.2015 i.e. post interview. The case of the
petitioner was not considered in Backward Class Category for
want of Creamy Layer certificate and in the result, the respondent
Bihar Staff Selection Commission considered the case of the
petitioner in General Category and no candidate, who secured
lesser marks than the petitioner, recommended for appointment in
General Category.
5. Mr. Prashant Sinha, learned counsel for the petitioner
submits that the petitioner belongs to Backward Class Category.
She applied for Backward Class Category and she could produce
the Creamy Layer certificate before the publication of the results
and, therefore, the respondents have acted arbitrary in not
considering the case of the petitioner for appointment in
Backward Class Category.
6. Since the petitioner failed to produce the Creamy
Layer certificate required for the purpose of claiming reservation
Patna High Court CWJC No.13361 of 2018 dt.23-02-2021
at the time of interview, the Court does not find any infirmity in
the decision of the Bihar State Selection Commission.
7. Mr. Prashant Sinha, learned counsel for the petitioner
claims that initially the result of the petitioner was declared in
Backward Class Category and, therefore, the petitioner has
acquired the vested right to be appointed in the Backward Class
Category. The submission is only noted to be rejected for the
simple reason that on the date of interview no certificate showing
Creamy Layer was produced by the petitioner and, as such, the
petitioner for non-production of Creamy Layer certificate has
rendered itself ineligible for appointment in Backward Class
Category.
8. The writ application stands dismissed.
(Anil Kumar Upadhyay, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.02.2021
Transmission Date NA
