ANWAR ASHRAF Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner has prayed for a direction to the respondents to recommend the name of the petitioner for appointment to the post of Civil Assistant Surgeon.

(2.) The petitioner passed the M. B. B. S. Examination in the year 1982. As a member of most Backward Class preference was to be given in the matter of appointment in pursuance of an advertisement published in the year 1985 by the Bihar Public Service Commission for the post of Civil Assistant Surgeon. The petitioner and others applied for the said post and the petitioner, along with other required documents, also annexed a caste certificate being a member of most backward class (Momin). After scrutinising the application and the papers submitted along with it the admit card was issued under the signature of the Under Secretary calling him to appear in the aforesaid examination which was to commence in October, 1986. The petitioner along with others appeared in the written examination which commenced from 25th October, 1986, and, thereafter, he received a letter calling upon him to appear at the interview scheduled to be held on 7-10-1987. The petitioner appeared at the interview on the same date and was selected in the First Bihar State Health Service (Basic Grade) Competitive Examination, teing a member of the most backward class (Momin) he was to be given benefit of reservation in the matter of appointment in the service. Having received no information about the final result from the respondents for a long time, he filed a representation in January, 1988, before the Bihar Public Service Commission. He was orally informed by the respondents that his selection has been cancelled because the caste certificate had not been issued under the signature of the District Magistrate. Annexure-7 is the letter dated 29th February, 1988, issued by the District Magistrate to the Chairman of the Bihar Public Service Commission stating that the petitioner had applied for issuance of a caste certificate but at that time he was very much busy in flood relief work and, therefore he had authorised the District Development Officer to issue the certificate. The genuineness of certificate including caste certificate had been thoroughly examined by the officer of the Commission before the petitioner faced the Inter view Board. Such candidates who had no requisite documents were not allowed to participate in the interview. It is pointed out that out of 2500 vacancies for appointment to the post of Civil Assistant Surgeon, 12 percentage, i.e., 300 posts were reserved for the most backward class and, even today, there are several posts lying vacant on which the petitioner may be appointed.

(3.) In the counter affidavit submitted on behalf of the Commission, it is stated that at the time of filing of the application for the post of Civil Assistant Surgeon the petitioner had submitted caste certificate granted by the Sub-divisional Officer and the income certificate granted by the Circle Officer. It was contended that in view of the terms of the advertisement and as per the condition laid in clause 12 the Caste Certificate and the Income certificate issued by other authorised officers mentioned in the said clause 12, were not acceptable at the time of interview except the one granted by the District Magistrate and/or counter-signed by him. My attention was drawn to an executive instruction issued by the Personnel and Administrative Reforms Department of the Government of Bihar dated 2-2-1982 and it was contended that clause 12 of the advertisement has incorporated the said executive instruction. It is relevant to notice the said executive instructicn incorporated in clause 12 of the advertisement published by the public Service Commission and the relevant poition reads :