RAHUL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the respondent -Bihar Staff Selection Commission ( for short 'the Commission').

(2.) The writ petition has been filed seeking quashing of the order contained in letter dtd. 20/5/2022, bearing Memo No. 7591, whereby and whereunder the General Administration Department has instructed all the District Magistrates in the State of Bihar to take steps for issuing non Creamy Layer Certificate (NCL 'for short') to the successful candidates under the Reserved category ( BC and EBC) to enable them to participate further in the selection process under Advertisement No. 06060114 dtd. 1/9/2014, issued by the Commission for appointment to various Intermediate level posts. The NCL has been directed to be issued on the basis of income of the candidates' parents for the financial year 2013-2014. The petitioners have also sought quashing of the notice dtd. 23/5/2022, under letter No. 1928, by which the successful candidates, in the said process of selection, were directed to apply for issuance of the NCL within a period of 15 days and uploaded on the website of the Commission. The petitioners, who were possessing certificates, issued contemporaneous to the Advertisement, have also sought the relief that candidates, who have been allowed to obtain NCL w.e.f. an earlier date, under the two letters dtd. 20/5/2022 and 23/5/2022, may be considered as disqualified for not possessing the NCL before the last date of submission of application form and to complete the selection process to the exclusion of the beneficiaries of the two impugned letters dtd. 20/5/2022 and 23/5/2022.

(3.) The basic facts are not in dispute. The Advertisement bearing No. 06060114 dtd. 1/9/2014 was issued inviting applications for conducting the first Intermediate Level Combined Competitive Examination ( ILCCE 'for short') for appointment to the various Intermediate Level posts in the Departments of Government of Bihar. The last date of submission of application form was 11/10/2014. The advertisement was issued for filling up of two type of posts which were categorized as Group A and Group-B, the difference being requirement of physical test for Group-A and for Group-B, there being no such requirement. The post under Group-A category were Forest Guard, Stenographer and Typist in the office of D.G.P. and Havaldar Instructor. The post under category-B included Stenographer, Assistant Urdu Translator, Stenographer in other Forums/Departments, Lower Division Clerk, Revenue Clerk etc.