Patna High Court
Kaushik Kumar vs The State Of Bihar Through The Chief ... on 5 August, 2024
Author: Chief Justice
Bench: Chief Justice
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.470 of 2023
In
Civil Writ Jurisdiction Case No.9152 of 2022
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1. Kaushik Kumar S/o Ishwaranand Singh R/o Village- Ganj Jalalpur, P.O.-
Maranchi, P.S.- Punpun, District- Patna, Bihar.
2. Gautam Govinda, S/o Umesh Prasad Mehta R/o Konipar, P.O. - Dighri, P.S.-
Surajgarha, District - Lakhisarai, Bihar.
3. Lalu Kumar, S/o Ramashish Yadav R/o Village - Bhathar, P.O.- Bhathar,
P.S.- Tharthari, District- Nalanda, Bihar.
... ... Appellant/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary-cum-Principal Secretary, General
Administration Department, Government of Bihar, Patna.
3. The Under Secretary, General Administration Department, Government of
Bihar.
4. The Bihar Staff Selection Commission through its Secretary, Veterinary
College, Patna - 800014.
5. The Chairman, Bihar Staff Selection Commission, Veterinary College, Patna
- 800014.
6. The Secretary, Bihar Staff Selection Commission, Veterinary College, Patna,
Patna - 800014.
7. The Controller of Examination, Bihar Staff Selection Commission,
Veterinary College, Patna - 800014.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mrs. Nivedita Nirvikar, Sr. Advocate
Mr. Arya Achint, Advocate
Ms. Supragya, Advocate
For the Respondent/s : Mr.P.K. Verma, AAG-3
Mr. Sanjay Kumar Ghosarvey, AC to AAG-3
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE NANI TAGIA
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 05-08-2024
Patna High Court L.P.A No.470 of 2023 dt.05-08-2024
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Re: I.A. No. 1 of 2023
The Interlocutory Application has been filed for
condoning the delay of 169 days in filing the memo of appeal.
2. Having gone through the affidavit, we are satisfied
that there are sufficient grounds shown to condone the delay.
3. As such, we condone the delay in filing the memo
of appeal and allow the Interlocutory Application.
Re: LPA No. 470 of 2023
4. The appellants are aggrieved with the rejection of
their prayer for cancellation of Non Creamy Layer Certificates
('NCL Certificates' for short) issued to almost 3500 candidates
by virtue of letters of the General Administration Department of
the State of Bihar, bearing Letter No. 7591 dated 20.05.2022
(Annexure-P9) and Letter No. 1928 dated 23.05.2022
(Annexure-P10).
5. By the communication dated 20.05.2022 the
District Magistrates in the State were directed to take steps to
issue NCL Certificates to the successful candidates under
advertisement dated 01.09.2014; under the reserved category.
The letter dated 23.05.2022 directed such successful candidates
to apply for NCL Certificate within a period of 15 days and
upload the Certificate in the website of the Commission. The
Patna High Court L.P.A No.470 of 2023 dt.05-08-2024
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contention of the appellants, who were the writ-petitioners was
that if such persons were not granted the NCL Certificates then
the petitioners would have stood a chance in the selection
process and would have got appointment.
6. At the outset, we have to notice that none of these
persons who were granted the benefit of issuance of NCL
Certificates were impleaded in the writ petition; either as party
respondents or even in a representative capacity.
7. We heard Mrs. Nivedita Nirvikar, learned Senior
Counsel for the appellants and Shri Sanjay Kumar Ghosarvey,
AC to AAG-3 for the respondent State.
8. The learned Single Judge having examined the
entire matter found that the selection which commenced in the
year 2014 took a long time in finalization, due to litigations and
also deficiencies noticed in the test conducted. The 3500
candidates were persons who were allowed to apply; being over-
aged, but granted relaxation by a judgment of this Court, far
later to the last date prescribed by the advertisement. There were
two last dates for submitting applications, one as per the original
advertisement and then as per the subsequent one granting
relaxation in age, in compliance of the directions of this Court.
This has created a situation wherein the candidates who were
Patna High Court L.P.A No.470 of 2023 dt.05-08-2024
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later permitted to apply based on the relaxation granted, were
not able to get the NCL Certificates as on the year 2013-14;
which is the recruitment year. The learned Single Judge found
that when the process was going on and the relaxation was
granted as also further tests were conducted, there was no
complaint raised by the writ-petitioners. The Government had
also acted in all bona fides to ensure that the directions to grant
relaxation in age, issued by this Court, is not frustrated. The
learned Single Judge rejected the prayer, against which the
present appeal is filed.
9. As we noticed at the outset, none of the persons
who would be affected, if the prayers are allowed, have been
made parties in the writ petition. The learned Senior Counsel
submits that the writ-petitioners were not aware of the names of
the said persons. In fact, it is very clear that the list of 3500
candidates who were successful; who applied based on the
relaxation of age, were supplied to the District Magistrates. No
effort was made by the petitioners to get those names or at least
take orders from this Court for publication of a notice of the
pending writ petition regarding the challenge raised herein.
10. For completeness, we also look at the facts as
coming out from the records of the case. The first advertisement
Patna High Court L.P.A No.470 of 2023 dt.05-08-2024
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was made on 01.09.2014 and 13120 vacancies were sought to be
filled up in Group-A and Group-B posts; the former requiring a
physical test while the latter having no such requirement. The
advertisement of 01.09.2014 invited applications for conducting
the 1st Intermediate Level Combined Competitive Examination
for appointment to the various Intermediate level posts in the
different departments of the Government of Bihar. A writ
petition was filed, numbered as CWJC No. 17465 of 2014
claiming age relaxation which was allowed on 25.06.2015. In
compliance of the said judgment, a further notice was issued on
05.02.2016
granting those who were entitled to age relaxation,
time till 13.03.2016 to apply afresh. The said order produced in
the writ petition as Annexure-P2 dated 05.02.2016 was not
challenged by any candidate who had applied under the
advertisement of 01.09.2014; the last date of application of
which was 31.10.2014.
11. A preliminary exam was conducted which ran into
trouble, on allegations raised. The said preliminary exams were
cancelled and again in two shifts preliminary exams were
conducted on 8th to 10th of December, 2018; in which 63739
candidates turned out successful. The main examination was
also conducted on 25.12.2020 with the results declared on
Patna High Court L.P.A No.470 of 2023 dt.05-08-2024
25.02.2021; wherein 52784 candidates qualified. A typing test
was then carried out on 08.07.2021 and 13.07.2021 and 4634
persons were called for physical test under Group-A.
12. On 19.09.2021, finding certain discrepancies in
the earlier preliminary test, 1218 candidates were additionally
found to be entitled to participate in the main test. A main test
was carried out, in which 727 additional candidates came out
successful. Eventually, 14410 candidates were called for
counselling when the issue of NCL Certificates arose.
13. A writ petition numbered as CWJC No. 20854 of
2021 was filed by the persons who did not have the NCL
Certificates, which admittedly was withdrawn on 28.04.2022.
The interim order granted on the admission of the said writ
petition hence stood vacated. Despite this, the Government
issued Annexure-P9 circular which provided for NCL
Certificates to be issued in the year 2013-14. The Government
in Annexure-P9 specifically found that there were two last dates
for the applications to be received, one on 31.10.2014 and the
other on 13.03.2016. Those who were entitled to apply on
13.03.2016 did not have the benefit of the NCL Certificates of
2013-14, for reason of the sheer passage of time. It is hence the
Government granted a window of benefit, enabling such
Patna High Court L.P.A No.470 of 2023 dt.05-08-2024
candidates also to get NCL Certificates on the retrospective
date. It is to be emphasized that the Government order does not
direct grant of NCL Certificates, but only directed the District
Magistrates to consider the claims of persons who apply for the
same; in the time given by the Government of 15 days, and
consider the grant of NCL Certificates as on 2013-14, with
reference to the financial status of their parents. The appellants
also do not have a case that any of these candidates were not
entitled to the NCL Certificates as on 2013-14.
14. We find absolutely no anomaly in the
Government having granted a window of benefit to those
persons who were directed to be granted age relaxation by this
Court, almost two years after the year of recruitment and the
publication of the advertisement. The move of the Government
was only to facilitate full advantage to those persons who were
granted age relaxation by this Court and to ensure that their
rights flowing from the judgment are not frustrated. There is
also no prejudice caused to the other candidates in so far as the
NCL Certificates were directed to be issued as on the year of
recruitment and not on any subsequent date. We reiterate that
there is no contention raised by the appellants as to any of the
candidates who obtained such NCL Certificates by virtue of
Patna High Court L.P.A No.470 of 2023 dt.05-08-2024
Annexure-P9 were not so entitled to; which contention
definitely cannot be raised for there being none impleaded as
party respondents.
15. We find absolutely no reason to interfere with the
judgment of the learned Single Judge, since we find the
reasoning of the learned Single Judge to be perfectly in order.
We, additionally are of the opinion that the writ petition could
not have been entertained since none of the affected parties were
impleaded.
16. On both these grounds, the appeal stands
dismissed.
17. Interlocutory Application(s), if any, shall stand
closed.
(K. Vinod Chandran, CJ)
(Nani Tagia, J)
P.K.P./-
AFR/NAFR
CAV DATE
Uploading Date 06.08.2024
Transmission Date
