SANJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Prayer of the petitioners in this application is for issuance of a writ in the nature of mandamus commanding the respondents particularly the respondent-Bihar Public Service Commission to declare the result of the petitioners treating them to be belonging to the most backward class.

(2.) Shorn of unnecessary details facts giving rise to the present application are that the Bihar Public Service Commission, hereinafter referred to as Commission, published an advertisement in the daily Newspaper "Aaj" dated 10th May, 1996 inviting application for appointment to the post of Assistant Teacher in the Nationalised Primary Schools in various districts of the State of Bihar including the district of Aurangabad. According to the advertisement for the purpose of selection examination was to be held in two stages viz; the preliminary examination and the main examination. After the result of preliminary examination, successful candidates were required to submit application in prescribed proforma. Those persons claiming reservation under various category including the category of most backward class were required to submit the caste and the creamy layer certificate signed by the District Magistrate. Clause 10.2 of the advertisement, which provides for filing of such certificate reads as follows: ..(Verunaculer Matter Omitted)..

(3.) The result of the preliminary test was published on 2nd January, 1999 and such of the candidates who were successful in the preliminary test were required to submit application for appearing in main examination by 15.1.1999.