BIHAR PUBLIC SERVICE Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE appeal is against the order of learned single Judge dated 10.12.2007 allowing the petition filed by respondent no. 2. In pursuance of the advertisement dated 13th of April, 2005 the petitioner -respondent no. 2 appeared for the preliminary test and having cleared the preliminary test vide the result declared as per Annexure -1 the petitioner -respondent no. 2 entered the second phase of selection for the post of Child Development Project Officer, in all 107 posts were advertised. Thereafter, the petitioner - respondent no. 2 was admitted to main examination in pursuance of advertisement, Annexure -2. The petitioner -respondent no. 2 had laid claim to the reserved posts for Other Backward Classes (Category 0 -5 ) and she had been called for interview to be held between 10th of September to 15.09.2007. Petitioner -respondent 'sinterview took place on 12.09.2007. For considering the candidature against the post reserved for Other Backward Classes/ Extremely Backward Classes, as per advertisement the concerned candidate must have a certificate issued either by the District Magistrate or countersigned by him or issued by the Additional Collector, authorized by District Magistrate or Sub -divisional Officer about creamy layer. The last date for production of such certificate in the advertisement stated to be on the date of candidate 'sinterview.

(3.) THE petitioner -respondent no. 2 had produced caste certificate alongwith interview letter, Annexure -6, issued by Sub -divisional Officer, Hilsa (Nalanda), certifying that she belongs to the community recognized as backward classes and that she also does not belong to the persons/sections of creamy layer. This certificate is dated 7.08.2007 and issued on 22.08.2007.