RAJMANIHARIJAN Vs. BIHAR PUBLIC SERVICE COMM

JUDGEMENT

(1.) The two petitioners herein have prayed for cancellation of the list of candidates selected by the respondent Bihar Public Service Commission, and recommended for appointment as Assistant Public Prosecutor on the basis of the special comneiitive examination held in the year 1991. It may be noticed that the aforesaid special competitive examination was held for candidates belonging to the Scheduled Caste and Scheduled Tribes, The petitioners have further prayed that their names may be included in the merit list since the candidates who secured lesser marks have been recommended for appointment. The respondent Commission has justified its action stating that the petitioners had not submitted the necessary caste certificate which they were required to do within the prescribed period.

(2.) The facts of the case are not in dispute The petitioners claim that they are Harijans, and as such they are members of scheduled caste. Pursuant to the advertisement they had submitted their applications with necessary certificates and were called upon to appear at the written test. Since they qualified at the written test, they were called for interview, which was held on 19-1-1995. It appears from the letters dated 17th February. 1993, issued to the petitioners after the interview, that they were reminded that while issuing the advertisement it had been clearly stated that those who soughs benefit of reservation as candidates belonging to scheduled caste/ scheduled tribe categorv must submit a caste certificate either signed or counter-signed by the District Magistrate or signed by the Subdivisions! Magistrate, The caste certificates counter-signed by the Subdivisional Magistrates were not acceptable. The petitioners were informed that the caste certificates submitted by them were not in accordance with the advertisement. They were, therefore, informed that they chould submit caste certificates issued by the competent authority in any event latest by 28th February 1993. The letter issued to petitioner No. 1 (Rajmani Harijan) mentioned that the caste certificate produced by him had been issued by the Additional District Magistrate (Administration), Gyanpur Varanasi. Similarly the letter to petitioner No. 2 (Suresh Chandra stated that the caste certificate issued to him had been counter-signed by an officer for the District Magistrate The certificates produced by petitioner No. 2 has been annexed as Annexure-3, and it appears that the same had been signed by the Tehsildar, but counter-signed by some one on behalf of the District Magistrate, in response to the communication of the respondent-Commission petitioner No. 1 submitted a caste certificate signed by the Pargana Magistrate, Bhadani, Varanasi winch was counter-signed by some other officer for the District Magistrate. This certificate is Annexure 3-A to the writ petition, and appears to have been signed No 27-2-1993. It is not disputed that the aforesaid caste certificate was produced before the respondent-Commission on 1st March, 1993. Petitioner No. 2 however, submitted the caste certificate on March 10, 1993, issued by the District Magistrate, Allahabad (Annexure-3).

(3.) It is not disputed that the merit list was published on 3rd March, 1993, two days after the receipt of the caste certificate from petitioner No. 1 and seven days before the receipt of caste certificate from petitioner No. 2.