BIHAR P S C Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant - Bihar Public Service Commission (hereinafter referred to as the Commission) is aggrieved by the order dated 14/8/2003 passed by the learned Single Judge of this Court allowing the writ application being CWJC No.6344 of 1999 filed by the writ petitioner - respondent No.2 directing the Commission to publish his result for appointment as Assistant Teacher in Primary School in the district of Bhojpur.

(2.) IT is admitted position that there is provision for reservation for appointment to the post of Assistant Teacher. Category 05 relates to backward class candidates. The writ petitioner - respondent No.2 applied and claimed to be the backward class candidate but filed the caste certificate granted by the Sub-divisional Officer. The Commission did not accept the said certificate and treated the writ petitioner - respondent No.2 as a general category candidate and as such he has not been selected by virtue of having obtained lesser marks as general category candidates. The writ petitioner - respondent No.2 filed the said writ application before this Court and the learned Single Judge has allowed the same on the ground that Clause (kha) of the Circular of the Government No.1031 of 1994 dated 9/2/1994 provides that in case of extremely backward class and backward class, the Collector/District Magistrate/Deputy Commissioner, Additional Collector/Additional District Magistrate/Additional Deputy Commissioner and Sub- Divisional Officer/Deputy Collector, Land Reforms are competent to issue caste certificate. As in the case of writ petitioner - respondent No.2 certificate has been issued by the Sub-divisional Officer, the authorities have wrongly treated him in general category candidate.