MOSRAT ZIYA TARA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ application has been filed for a direction commanding the respondent Jharkhand Public Service Commission to allow the petitioner to appear in the main examination of Civil Judge (Junior Division).

(2.) IT appears that the petitioner has applied in pursuance of the Advertisement No. 4/2013 published by the Jharkhand Public Service Commission for the post of Civil Judge (Junior Division).

(3.) A counter affidavit filed on behalf of Jharkhand Public Service Commission wherein it is stated that the petitioner has not been treated as BC -1 category candidate because she has not filed caste certificate in prescribed proforma, meant for BC -1 category. It is submitted that she has submitted caste certificate issued by the competent authority in the proforma issued by the Government of India for other backward caste. However, it is not disputed that Sub Divisional Officer, Godda is the competent authority, who can issue caste certificate in favour of petitioner even in the proforma prescribed by the Jharkhand Government. It is submitted by Sri Sanjay Piprawall, learned counsel for the Jharkhand Public Service Commission that because of the aforesaid deficiency in the application form, filed by the petitioner, she has not been treated BC -1 candidate, rather treated as a general category candidate. He further submitted that the petitioner had not obtained sufficient marks, therefore, she could not compete in general category, therefore, has not been called to appear in the main written examination.