MAHTAB AHMAD MALLICK Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for directing the respondents no. 4 to 6 to modify the final result published on 1/10/2018 to the extent that the result of the petitioner, which has been cancelled, be declared and upon declaration of such result, if the petitioner is found successful / qualified in the final selection process, appropriate action be initiated by the respondents to appoint the petitioner.

(2.) The brief facts of the case, according to the petitioner, are that he belongs to non-creamy layer category under the backward caste. The petitioner had applied for selection on the post of Accounts Officer in pursuance to advertisement no. 03 of 2015, published by the Bihar Public Service Commission (hereinafter referred to as 'the BPSC), whereafter admit card was issued to the petitioner for appearing in the prelims examination, which was conducted on 25.09.20216, whereupon the result was published on 10/3/2017 and the petitioner was declared to be successful. The petitioner had then appeared in the mains examination, which was held in between 11/12/2017 to 16/12/2017. Altogether 206 candidates were declared successful including the petitioner and the result was published on 5/9/2018. Subsequently, an interview letter was sent to the petitioner, fixing the date of interview for 25/9/2018, whereafter the petitioner had appeared in the interview along with his credentials and certificates. The petitioner is stated to have produced the non-creamy layer certificate and the caste certificate, however, the petitioner was informed that the non-creamy layer certificate was defective. Ultimately, the final result was published on 1/10/2018, but the petitioner's name did not find place therein and his result was cancelled on the ground of non-verification of the certificate relating to non-creamy layer under the backward caste category, to which the petitioner belongs. Thereafter, the petitioner had initiated the process for obtaining a non-creamy layer certificate from the Circle Officer, Patna and he had applied for grant of income certificate, which was issued on 24/9/2018 and on the basis of the same, the non-creamy layer certificate was issued to the petitioner on 8/10/2018. Thereafter, the petitioner had represented before the Respondent No. 4 i.e. the BPSC for recalling its decision relating to cancellation of his result, but no decision was taken.

(3.) The learned counsel for the petitioner has submitted that the petitioner belongs to the non-creamy layer category of backward caste, hence, he is entitled for reservation. In this regard, the learned counsel for the petitioner has relied on a judgment reported in (2016) 4 SCC 754 (Ram Kumar Gijroya vs. Delhi Subordinate Services Selection Board and Anr.) to contend that failing to submit the reserved category certificate / non creamy layer certificate issued by the appropriate authority within the cut-off date mentioned in the advertisement would not render such candidate ineligible for selection inasmuch as rendering otherwise selected candidate ineligible only on the ground of late submission of the reserved category certificate would amount to denial of equality of opportunity contemplated under Articles 14 to 16 and 39A of the Constitution of India.