Patna High Court
Anjana Kumari vs The State Of Bihar on 6 May, 2025
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6203 of 2020
======================================================
Anjana Kumari Wife of Sanjay Poddar daughter of late Gaurishankar Poddar,
resident of Muhalla Sant Path, Bachaspati Nagar, Police Station- Bahadurpur,
Patna-800006
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Bihar, Patna
2. The Principal Secretary, Department of Education, Bihar, Patna
3. The Director, Higher Education, Bihar, Patna
4. Bihar Public Service Commission, through its Chairman, 15 Jawaharlal
Nehru Marg, Patna
5. The Chairman, Bihar Public Service Commission, 15 Jawaharlal Nehru
Marg, Patna
6. Joint Secretary-cum-Examination Controller, Bihar Public Service
Commission, 15 Jawaharlal Nehru Marg, Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the State : Mrs. Binita Singh, Sc-28
For the B.P.S.C. : Mr. Sanjay Pandey, Advocate
Mr. Nishant Kumar Jha, Advocate
Mr. Ayush Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 06-05-2025
Heard Mr. Sanjay Kumar, learned counsel
appearing on behalf of the petitioner; Mrs. Binita Singh, learned
SC-28 for the State and Mr. Sanjay Pandey, learned counsel
along with Mr. Nishant Kumar Jha and Mr. Ayush Kumar,
learned counsel for the Bihar Public Service Commission.
Patna High Court CWJC No.6203 of 2020 dt.06-05-2025
2/12
2. The petitioner in paragraph no. 1 of the present writ
petition has sought inter alia following relief(s), which is
reproduced hereinafter:
"1. That this is an application for
issuance of a writ in the nature of crtiorari to quash
the order dated 27.02.2020 issued under the
signature of the Joint Secretary-cum-Examination
Controller, Bihar Public Service Commission, Bihar,
Patna, (for short 'B.P.S.C.'), to the extent it relates to
the petitioner, whereby and whereunder the result of
the written test and her candidature for appointment
as Lecturer in the Govt. Training Colleges against
the advertisement bearing no. 02/2016 dated
03.05.2016
have been cancelled on the ground that
at the time of interview, she did not get certification
of her caste certificate/ creamy layer certificate/
disability certificate and because of that she was put
in the General Category (01) and that she did not
obtain the cut-off marks as fixed for the general
category candidates and further prays for issuance
of a consequential wri or any other appropriate
writ, writs order or directions to appoint the
petitioner on the said post with all consequential
benefits and further prays for issuance of such other
order/direction for which the petitioner may be
found legally entitled to in the facts and
circumstances stated hereinafter."
BRIEF FACTS:
3. Brief facts of the case are that the petitioner having
requisite qualification had applied for being appointed as
Lecturer in Government Training College pursuant to the
Advertisement No. 02/2016 dated 03.05.2016. Selection process
took place and the result was published but the same was
cancelled at the time of interview due to interference of this
Court vide order dated 22.03.2021 passed in CWJC No. 15081
Patna High Court CWJC No.6203 of 2020 dt.06-05-2025
of 2018 (Ravi Kumar & Ors. vs. the State of Bihar & Ors.) and
other analogous cases, against which, the State and Bihar Public
Service Commission (hereinafter referred to as the
"Commission") had preferred L.P.A. No. 384 of 2021 in which
the Division Bench of this Court had set aside the order of the
learned Single Judge dated 22.03.2021 passed in CWJC No.
15081 of 2018. The petitioner is aggrieved that she had applied
under BC (05) and BCL (06) category for the post of lecturer in
Common Group and Hindi Group subjects respectively and was
allotted roll no. 204169. The petitioner appeared and passed
written examination and was called for interview. The interview
was held between 09.12.2019 to 04.01.2020 in the premises of
the Commission. The petitioner was called for interview on
12.12.2019 and 04.01.2020 under the Common Ground and
Hindi Group subjects respectively. A combined merit list was
prepared on the basis of marks obtained in written examination
and interview by the candidates and selection was made as per
the merit list. Final result was published on 27.02.2020.
Recommendation of successful candidates was sent to the
Department concerned by the Commission vide Letter No. 05
dated 08.05.2020. The facts reveal that the petitioner had
submitted Non-Creamy Layer certificate relating to her
Patna High Court CWJC No.6203 of 2020 dt.06-05-2025
deceased father issued in the year 2013 and her candidature
under BC (05) and BCL (06) category was rejected on the
ground that the required document was not submitted before the
last date of submission of application form i.e. 08.06.2016. The
petitioner is aggrieved by the said action. Though, her
candidature was considered under Unreserved (General)
Category (01). The petitioner secured 48 marks, which was less
than the cut-off marks of Unreserved Category (01) 52 marks
and Unreserved (Female) 51 marks in written examination in
Common Group Subject and the result of the written
examination of the petitioner was cancelled for Common Group
Subject. For Hindi Group Subject, cut-off marks of Unreserved
Category (01) was 51 marks and Unreserved (Female) was 47
marks and thus, the petitioner was considered in Hindi Group in
Unreserved (Female) category. The petitioner had finally
secured 62.753 marks, which was less than the cut-off marks
70.080 of the Unreserved (Female) Category and the petitioner
was no declared successful.
SUBMISSION ON BEHALF OF THE PETITIONER:
4. Learned counsel appearing on behalf of the
petitioner submitted that the question, which falls for
consideration in the present writ petition is, as to whether, the
Patna High Court CWJC No.6203 of 2020 dt.06-05-2025
Non-Creamy Layer Certificate, which was submitted by the
petitioner along with the application form before the last date
i.e. 08.06.2016 issued in the year 2013 in light of the provision
contained in Clause 8 of the resolution of the State Government
dated 8th March, 2011, which provides that the Non-Creamy
Layer Certificate can be issued only once and in support of the
same, learned counsel has referred to paragraphs no. 14, 15 and
16 of the counter affidavit filed on behalf of the respondents no.
4 to 6 and submitted that the rejection of the petitioner is on the
ground that Non-Creamy Layer Certificate issued in he name of
the father of the petitioner contained the address of her husband.
The petitioner proceeded to explain that since the petitioner got
married, the Non-Creamy Layer Certificate was issued showing
address of her husband but the same will not invalidate the
certificate, which gives the correct figure of income of her
father. Learned counsel further submitted that since the father of
the petitioner had died on 09.06.2015, there was no question of
producing a fresh Non-Creamy Layer Certificate and this fact
has not been considered at the time, the petitioner was asked to
fill up the check-list giving the details and the original copy of
the certificate. Considering the admitted position that Non-
Creamy Layer Certificate was under the circumstances her
Patna High Court CWJC No.6203 of 2020 dt.06-05-2025
father had died in the year 2015, she could not produce Non-
Creamy Layer Certificate of previous year and correctly, she
had filled up in column no. 6 of the required check-list, which
she had filled up on 04.01.2020. Learned counsel further
submitted that consideration of the candidature of the petitioner
under Unreserved (General) Category is against the provision of
Resolution of the State Government dated 8th March, 2011,
particularly, Clause 8 of the said resolution, which mandate that
only once Non-Creamy Layer Certificate can be issued. On
these grounds, learned counsel submitted that the rejection of
the petitioner is on the ground that she could obtain the cut-off
marks under the Unreserved (General) category and non
consideration under Reserved Category is an arbitrary action of
the respondent/s, who have discriminated the petitioner.
SUBMISSION ON BEHALF OF THE RESPONDENT:
5. Per contra, Mr. Sanjay Pandey, learned counsel for
the Commission submitted that it is admitted by the petitioner
that the certificate of year 2013 was attached along with the
application form and the said certificate was also furnished at
the time of furnishing of the original testimonials. In terms of
Sub-Clause (ii) and Sub-Clause (iii) of Clause 12 of the
Resolution of the State Government dated 08.03.2011, the
Patna High Court CWJC No.6203 of 2020 dt.06-05-2025
income certificate validity is only for one year and it should be
of previous Financial Year. The case of the petitioner cannot be
considered on the basis of invalid certificate and her claim under
BC (05) and BCL (06) Category was rejected, which led her
candidature to be considered along with the Unreserved
(General) Category candidates. The petitioner secured 48 marks,
which was less than the cut-off marks of Unreserved Category
(01) 52 marks and Unreserved (Female) 51 marks in written
examination in Common Group Subject and the result of the
written examination of the petitioner was cancelled for Common
Group Subject. For Hindi Group Subject, cut-off marks of
Unreserved Category (01) was 51 marks and Unreserved
(Female) was 47 marks and thus, the petitioner was considered
in Hindi Group in Unreserved (Female) category. The petitioner
had finally secured 62.753 marks, which was less than the cut-
off marks 70.080 of the Unreserved (Female) Category and the
petitioner was declared unsuccessful.
ANALYSIS & CONCLUSION:
6. Heard the parties.
7. Having considered the rival submissions made on
behalf of the parties, as well as, having perused the pleadings
made in the writ petition, counter affidavit, supplementary
Patna High Court CWJC No.6203 of 2020 dt.06-05-2025
counter affidavit and reply to the same, before I proceed to
consider the facts of the present case, I find it proper to
reproduce the provision of Resolution of the State Government
dated 08.03.2011, which was applicable at the relevant point of
time when the Advertisement No. 02/2016 dated 03.05.2016
was issued pursuant to which the petitioner had applied for
being appointed as lecturer in Government Training College in
Common Group and Hindi Group subjects. In view of the
rejection of the petitioner under BC (05) and BCL (06)
Category, Clause 8 of the said resolution is reproduced
hereinafter:
"vks0ch0lh0 ¼Øhehys;j jfgr½ izek.ki= ckj&ckj
fuxZr ugha fd;s tk;saxsA iwoZ fuxZr Øhehys;j jfgr izek.ki= ds
lkFk Hkkjr ljdkj] dkfeZd] yksd f'kdk;r ,oa isa'ku ea=ky;
¼dkfeZd ,oa izf'k{k.k foHkkx½ ubZ fnYyh ds dk;kZy; Kkikad
la[;k&36033@4@97&LFkk0¼vkj{k.k½ fnukad 25-07-03] ftls
lkekU; iz'kklu foHkkx ds ifji=
la[;k&11@fo05&09@1998&1074 fnukad 06-07-2005 }kjk
ifjpkfjr fd;k x;k gS] ds vkyksd esa Øhehys;j esa ugha gksus
laca/kh 'kiFki= QkWeZ&XVIII esa vkosnd@vkosfndk }kjk fn;k
tk;sxk] tks ekU; gksxkA"
8. From the bare reading of Clause 8 it appears that
the Non-Creamy Layer Certificate can be issued only once.
9. Clause 11 of the Resolution of the State
Government dated 08.03.2011 is reproduced hereinafter:
"vk; izek.ki= ds lk{; gsrq fuEukafdr vfHkys[k
leqfpr ekus tk;saxs%&
¼10-1½ osru@isa'ku iphZA
Patna High Court CWJC No.6203 of 2020 dt.06-05-2025
¼10-2½ vk;dj fjVuZA
¼10-3½ vU;kU; vfHkys[kA "
10. Clause 12 of the Resolution of the State
Government dated 08.03.2011 is reproduced hereinafter:
"izek.ki=ksa dh oS/krk%&
i- tkfr izek.ki=%& lkekU;r;k tkfr izek.ki= dh
oS/krk dh dksbZ lhek ugha gksxhA
ii- vk; izek.ki=%& vk; izek.ki= gsrq vk; dk
vkdyu xr forh; o"kZ ds vk; ds vk/kkj ij gksxk] tks fuxZr
gksus dh frfFk ls vxys ,d o"kZ dh vof/k rd oS/k jgsxkA
iii- vkokl izek.ki=%&¼d½ lkekU;r;k vLFkk;h
vkokl izek.ki= dh ekU;rk fuxZr gksus dh frfFk ls
vf/kdre ,d o"kZ rd gksxh
¼[k½ LFkk;h vkokl izek.ki= dh
oS/krk dh dksbZ lhek ugha gksxhA "
11. The rejection of the petitioner is on the ground
that the petitioner had not produced the required certificate in
terms of Clause 12 of the aforesaid resolution of the State
Government. I find that the provisions, which are contained in
resolution dated 08.03.2011 has mandate of Articles 166 and
309 of the Constitution of India and in that view, I find that the
requirement provided in Sub-Clause (ii) of Clause 12 of the
aforesaid resolution that the income tax certificate in respect of
the father of the candidates, who are claiming their candidature
to be considered in BC (05) and BCL (06) as in the case of the
present petitioner, who is a lady candidate, must be of previous
Financial Year and it is valid for only one years.
12. Clause 7 of the Advertisement No. 02/2016 dated
Patna High Court CWJC No.6203 of 2020 dt.06-05-2025
03.05.2016 contains terms and conditions for reservation.
Clauses 9 and 10 of the advertisement provides for last date of
submission of application along with required documents. I find
that on the last date or before the date of interview, for which
the date was announced also contains certain terms and
conditions, which facilitate the selection process and it cannot
be said that the same had impeded, in any manner, the selection
process or the same has changed the 'Rule of Game' in any
manner. In view of invalid certificate, the candidature of the
petitioner could only have been considered under Unreserved
(General) Category and in this regard, I find it apt to reproduce
the information contained in paragraph no. 17 of the counter
affidavit filed on behalf of the respondents no. 4 to 6, which
inter alia is as follows:
"17. That it is stated and submitted that
with regard to the aforesaid certificate submitted
and declaration made by the petitioner, the
Commission in its meeting held on 09.02.2020 did
not accept the non-creamy layer certificate issued in
the name of her father but with the address of her
husband. Therefore, in case of non-submission of the
required certificate the petitioner was considered in
unreserved category (01). The petitioner secured 48
marks which is less than the cut-off marks of
unreserved category (01)- 52 marks and unreserved
(female)- 51 marks in written examination in
common group subject and thus, the result of the
written examination of the petitioner was cancelled
for common ground subject. For Hindi group
subject, cut-off marks of unreserved category (01)
was 51 marks and unreserved (female) was 47
marks. Thus, the petitioner was only considered in
Hindi group in unreserved (female). The petitioner
Patna High Court CWJC No.6203 of 2020 dt.06-05-2025
had finally secured 62.753 marks which is lesser
than the cut-off marks 70.080 of the unreserved
(female) category and so, the petitioner was no
declared successful."
13. The law in respect of furnishing of the Creamy
Layer Certificate has been dealt by the Division Bench of this
Court in LPA No. 737 of 2016 (Dr. Santosh Kumar Vs. State of
Bihar & Ors.) reported in 2017 (1) PLJR 786 and same has
been affirmed by the Apex Court vide order dated 13.12.2022
passed in SLA (C) No. 6934 of 2017 and in view of the law laid
down by the Apex Court, I hold that the petitioner herself is
responsible for non-furnishing of required documents at the time
of submission of application form and at the time of interview.
14. Even considering the fact that the father of the
petitioner had died in the year 2015, the provision of Clauses 11
and 12 of the Resolution of the State Government dated
08.03.20211 provides for income tax certificate of the mother in
case the father is not alive. The petitioner had failed to do so and
I don't find to interfere in any manner, insofar as, the action of
the Commission is concerned. It is well settled principle of law
that the women candidate carries her caste of her father. The
writ petition fails for the reasons which I have recorded
hereinabove.
15. Accordingly, the present writ petition stands
Patna High Court CWJC No.6203 of 2020 dt.06-05-2025
dismissed.
16. There shall be no order as to cost.
(Purnendu Singh, J)
Niraj/-
AFR/NAFR A.F.R.
CAV DATE N/A
Uploading Date 08.05.2025
Transmission Date N/A
