SHASHI KANT Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the counsel for the Bihar Staff Selection Commission, Patna (hereinafter referred to as "the Commission").

(2.) PETITIONER was an applicant for the post of Driver pursuant to Advertisement Nos. 1404 and 1605. He was issued Admit -Card, Annexure -2 for appearing in the written test, perusal whereof indicates that his Roll No. is 006965. Having become successful in the written test, as is evident from the result which was published in the newspaper on 15.7.2006, Annexure -3, he was invited for driving test in which also he succeeded but has not been given the appointment on the post of Driver as there is a discrepancy in the date of birth recorded in the matriculation certificate, Annexure -1 and the driving license which he had submitted before the authorities of the Commission. In the matriculation certificate his date of birth is recorded as 2 December, 1977 whereas the driving license recorded his date of birth as 2 February, 1977, copy whereof has also been placed on record by the Commission by filing counter affidavit and it is submitted by learned counsel for the Commission that as there was discrepancy between the date of birth recorded in the matriculation certificate, Annexure -1 and the driving license, Annexure -A he has not been given offer of appointment on the post of Driver. In this connection it is also pointed out with reference to notice dated 25.7.2006, Annexure -5 that the case of another 22 candidates have also been rejected in which there was discrepancy in the matriculation certificate(s) produced by the candidate. Learned counsel for the petitioner in rejoinder has submitted that the mistake in recording the date of birth was committed by the District Transport Officer who issued Driving License, Annexure - A and no sooner he learnt about the said mistake steps were taken and District Transport Officer was requested to grant another certificate correcting the date of birth of the petitioner. The District Transport Officer has since corrected the mistake and has issued another certificate with reference to the earlier certificate correcting the date of birth which is contained in Annexure -6 to this application. Perusal of the driving license, Annexure -6 indicates that the same has been issued with reference to the old/new driving license number and thereunder the correct date of birth of the petitioner i.e. 2 December, 1977 has been indicated.

(3.) HAVING heard counsel for the parties, I am of the view that petitioner in spite of having succeeded in the written and driving test has not been given appointment on account of mistake committed by the District Transport Officer while issuing the driving license which can hardly be a ground for refusing appointment to the petitioner.