PREETI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner had applied for appointment to the post of Child Development Project Officer (CDPO) in the State pursuant to advertisement issued on 30th April, 2005. The advertisement provided for reservation of seats for various categories including backward class. The Petitioner, claiming to be backward caste, claimed preferential appointment. It is stated that she made an application alongwith the backward class certificate. She qualified in preliminary test, final test and was called for interview by interview letter dated 22.8.2007 (Annexure-5 to the writ petition). In the interview letter, it was stated that persons, claiming benefit of reservation, must produce the original caste certificate as well as creamy layer certificate. The interview was fixed for 12th September, 2007. As per Petitioner's own case, she appeared in interview but could not produce the creamy layer certificate. It is pleaded that she was asked to give an undertaking to produce the same. She applied to the Collector, Patna for grant of creamy layer certificate which was issued on the 8th of November, 2007 which she alleges to have sent by registered post to the Bihar Public Service Commission (BPSC) on 21st of November, 2007. She complains that in spite of this compliance, the results were published on 23rd of September, 2007 ignoring the claim of Petitioner as a backward caste candidate, thus, depriving her of her Right to Employment under the State.

(2.) Counter affidavits and rejoinders have been filed. With consent of parties, the writ petition has been heard for disposal at this stage itself.

(3.) Mr. Rajendra Prasad Singh, learned Senior Counsel appearing on behalf of Petitioner submits that the present case is squarely covered by the Division Bench judgment of this Court in the case of Bihar Public Service Commission and Ors. v. State of Bihar and Ors. being LPA No. 35 of 2008 which was dismissed on 8.2.2008 affirming the judgment of Single Judge of this Court which directed BPSC to revise the result of the same very recruitment to include the name of that writ Petitioner. To the contra, learned Counsel for the BPSC relies on another Division Bench judgment of this Court in the case of Vandana Govindam v. State of Bihar and Ors. being LPA No. 650 of 2010 which was dismissed on 7.4.2010 affirming the judgment of a Single Judge of this Court refusing to interfere in the action of BPSC of canceling the result of the Petitioner of that case by corrigendum.