PRITAM KUMAR, ROY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Refusal by the respondents to accept the caste certificate produced by the appellant-writ petitioner (hereinafter referred to as the petitioner), compelled the petitioner to approach the Writ Court with the following prayers :

(2.) The Writ Court dismissed the writ petition mainly on the ground that the petitioner failed to furnish the residential certificate or the caste certificate issued by the competent authority under the Government of Jharkhand along with his application for the Mains Examination. Challenging the impugned order dated 21.05.2015 in W.P. (S) No. 114/2013, Mr. Rajeev Kumar, the learned counsel for the petitioner submits that the finding recorded by the Writ Court that the petitioner failed to furnish the residential certificate or the caste certificate is an error of record whereas, the information supplied to the petitioner through the RTI reveals that the petitioner had submitted the temporary residential certificate, a copy of which has been filed vide, Annexure-8 series (at page 9) to the supplementary affidavit dated 22.09.2015 filed in the present proceeding.

(3.) Controverting the plea raised on behalf of the petitioner that he submitted requisite certificate along with the Mains Examination form, Mr. Sanjay Piprawall, the learned counsel appearing for the Jharkhand State Public Service Commission submits that the petitioner failed to submit requisite certificates in prescribed format in terms of Clause 28 of the Instructions within the stipulated time that is, by 09.03.2012. It is contended that after the petitioner accepted his candidature as a general category candidate, he cannot turn around and challenge the conditions contained in Clause 28 of the Instructions.