Rakesh Kumar Patel vs The Bihar Public Service ...
2022 Latest Caselaw 4174 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1264 of 2020
     ======================================================

Rakesh Kumar Patel Son of Late Suresh Prasad Patel, Resident of Village/Town-Dhobani, Block-Mainatad, P.O.-Pidhari, P.S.-Mainatad, District-West Champaran.

... ... Petitioner/s Versus

1. The Bihar Public Service Commission through its Chairman, Jawahar Lal Nehru Marg, Bailey Road, Patna-800001.

2. The Joint Secretary Cum Examination Controller, Bihar Public Service Commission,15, Jawahar Lal Nehru Marg, Bailey Road, Patna-800001.

3. The State of BIhar, Patna through Law Secretary Bihar Patna

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Abhinay Alok, Advocate For the Respondent/s : Mr.Akash Chaturvedi. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH)

Date : 02-08-2022

Heard Mr Abhinay Alok, learned counsel for

the petitioner and Mr. Akash Chaturvedi, learned counsel

for the Bihar Public Service Commission ( for short

'BPSC').

2. The petitioner was an applicant under the 30 th

Bihar Judicial Service Competitive Examination initiated as

per the Bihar Civil Service Judicial Branch (Recruitment)

Rules 1955 as amended from time to time by the State

Government. The recruitment in the said examination was Patna High Court CWJC No.1264 of 2020 dt.02-08-2022

to be made on the post of Civil Judge (Junior Division). A

requisition for the same was sent to the BPSC by the

General Administration Department, Government of Bihar

vide letter no. 6906 dated 08.06.2017 for 349 posts. The

roster for reservation category wise was:

3. The contention of the petitioner is that his

candidature was cancelled by the respondent BPSC on the

ground that he failed to produce original non-creamy layer

certificate at the time of interview in terms of requirement

under interview letter.

4. Learned counsel for the petitioner

submitted that the BPSC has adopted a hyper technical

approach and rejected the candidature of the petitioner on

frivolous ground that he failed to produce the original non-

creamy layer certificate for verification at the time of

interview.

Patna High Court CWJC No.1264 of 2020 dt.02-08-2022

5. On the other hand, learned counsel

appearing for the BPSC submitted that the requirement to

produce the non-non-creamy layer certificate in original for

verification is clearly mentioned in clause 3(v) of the

interview letter and the petitioner failed to produce the same

for verification. He contended that in case of non-

submission of above required certificate, result of the

petitioner in PT and mains were cancelled and he was

considered in the unreserved category. Since he secured

lesser mark in the aforesaid preliminary test as well as

mains, his candidature has been cancelled, which would be

evident from the resolution of the BPSC.

6. Having heard learned counsel for the

parties and perused the materials on record, we find

substance in the submissions made on behalf of the BPSC.

It is well settled that selection process has to be conducted

strictly in accordance with the stipulated selection

procedure which needs to be scrupulously maintained and

there cannot be any relaxation in terms and conditions of

advertisement unless such power is specifically reserved in

relevant rules or in the advertisement. Patna High Court CWJC No.1264 of 2020 dt.02-08-2022

7. In the instant case, we find that in the

clause 3(v) of the interview letter, it is clearly stipulated that

the candidates must bring original certificate for verification

as stated in the original advertisement along with two self-

attested photo copies of the same on the date of interview

including non-creamy layer certificate and, in case, on the

date of interview any candidate does not produce the said

original certificates then no further time would be given for

the same and the BPSC would be free to take appropriate

decision with regard to the eligibility of such candidates. It

was also clearly mentioned in clause 7 of the said interview

letter that the candidature of the candidates called for

interview is provisional and appearance in the interview

would not confirm the candidature of the candidate. The

BPSC had reserved its right to take necessary decision with

regard to the eligibility of the candidates at the time of

interview or thereafter.

8. Since the petitioner failed to submit his

original non-creamy layer certificate, no fault can be found

with the decision of the BPSC whereby it has cancelled the

candidature of the petitioner in the reserved category and he Patna High Court CWJC No.1264 of 2020 dt.02-08-2022

was considered in the unreserved category. Since he has

secured lesser marks in preliminary test as well as mains

examination than the cut off marks of the unreserved

category, he cannot have any grievance due to his non-

selection in the aforesaid 30th Bihar Judicial Service

Competitive Examination.

9. For the aforesaid reasons, the writ petition,

being devoid of any merit, is hereby dismissed.

(Ashwani Kumar Singh, J)

( Shailendra Singh, J) Pradeep/hassan/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          8.8.2022
Transmission Date       NA