Civil Judge Recruitment | Production Of Original 'Non-Creamy Layer Certificate' In Interview Necessary To Avail Reservation: Patna High Court

The Patna High Court has upheld the decision of Bihar Public Service Commission (Judicial Branch) not considering a candidate under reserved category over his failure to produce original non-creamy layer certificate at the time of interview in terms of requirement under interview letter.The division bench of Justice Ashwani Kumar Singh & Justice Shailendra Singh observed: "It is well settled that selection process has to be conducted strictly in accordance with the stipulated selection procedure which needs to be scrupulously maintained and there cannot be any relaxation in terms and conditions of advertisement unless such power is specifically reserved in relevant rules or in the advertisement." In the instant case, clause 3(v) of the interview letter clearly stipulated that the candidates must bring original certificate for verification as stated in the original advertisement along with two self-attested photo copies of the same on the date of interview including non-creamy layer certificate and, in case, on the date of interview any candidate does not produce the said original certificates then no further time would be given for the same and the BPSC would be free to take appropriate decision with regard to the eligibility of such candidates.The petitioner was an applicant under the 30th Bihar Judicial Service Competitive Examination for recruitment to the post of Civil Judge (Junior Division). His candidature was cancelled by BPSC on the ground that he failed to produce original non-creamy layer certificate at the time of interview. Counsel for the petitioner submitted that the BPSC has adopted a hyper technical approach. Counsel for BPSC contended that in case of non-submission of above required certificate, result of the petitioner in PT and mains were cancelled and he was considered in the unreserved category. Since he secured lesser mark in the aforesaid preliminary test as well as mains, his candidature has been cancelled. Court after hearing both sides was of opinion that there is substance in the submissions made on behalf of the BPSC. "It was also clearly mentioned in clause 7 of the said interview letter that the candidature of the candidates called for interview is provisional and appearance in the interview would not confirm the candidature of the candidate. The BPSC had reserved its right to take necessary decision with regard to the eligibility of the candidates at the time of interview or thereafter" Court noted that the petitioner failed to submit his original non-creamy layer certificate, no fault can be found with the decision of the BPSC whereby it has cancelled the candidature of the petitioner in the reserved category and he was considered in the unreserved category. In view of the above Court noted that the writ if devoid of any merit. Therefore, it was dismissed.Case Title: Rakesh Kumar Patel Versus The Bihar Public Service Commission and Ors.Citation: 2022 LiveLaw (Pat) 24 Click Here To Read/Download Order

Civil Judge Recruitment | Production Of Original 'Non-Creamy Layer Certificate' In Interview Necessary To Avail Reservation: Patna High Court

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