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Civil Judges Selection : Supreme Court Sets Aside PSC's Rejection Of 8 Candidates For Not Producing Originals Of Certificates

LIVELAW NEWS NETWORK
24 May 2022 5:28 AM GMT
Civil Judges Selection : Supreme Court Sets Aside PSCs Rejection Of 8 Candidates For Not Producing Originals Of Certificates
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The Supreme Court has set aside the decision of Bihar Public Service Commission to reject the applications of 8 candidates to the post of Civil Judge (Junior Division) on the ground that they had not produced the originals of their certificates at the time of interviews.

A bench comprising Justices S Abdul Nazeer and Vikram Nath passed the order taking note of the fact that these candidates had scored higher marks than last selected candidate, and that no one had a case that the particulars furnished by them were incorrect.

The bench termed the decision of the Commission to reject the applications on the technical ground as "improper, unjustified and not warranted".

"Considering the facts and circumstances of the case, without entering into the respective argument we are of the considered view that the rejection of the candidates was improper, unjustified and not warranted. We have also taken note of the fact that there are vacancies available, which if filled up by meritorious candidates would only be an asset for the institution helping in disposal of cases pending in huge numbers", the Supreme Court observed.

The case related to the selection process held in 2019 for the 349 posts of Civil Judge (Junior Division) notified in 2018.

The Supreme Court further directed that five candidates of the unreserved categories may be adjusted against present vacancies. As regards the three other candidates in EBC, SC and BC categories, the Court directed that the State may either adjust them against future vacancies which we are told are available at present or the State may borrow three posts from future vacancies.

The Court made it clear that the order would not affect the appointment/selection of already serving Judicial officers appointed against the notification of 2018.

The Court further directed that the eight appellants would be entitled to their respective seniority as per their merit; however, they would not be entitled to any arrears of salary for the intervening period, but would be entitled to the same from the date of their joining. They would be forthwith allowed to join. All incremental and other benefits of the intervening period would be notionally available to them, but no arrears would be paid.

"The appeals are accordingly allowed as above. The impugned decision of the Commission dated 27.11.2019 qua these appellants and the impugned judgments of the High Court are set aside. There shall be no order as to costs", the Court stated.

The applications of the 8 candidates were rejected for the reason that they had not produced the originals of documents like degree certificates, caste certificates, NOC from previous employer etc.

The Patna High Court had earlier rejected the writ petitions of these candidates accepting the stand of the Commission that the condition to produce originals was clearly specified in the notification and that the same cannot be relaxed.

The petition has been filed through AoR Sachin Sharma

Case Title : Aarav Jain versus Bihar Public Service Commission

Citation : 2022 LiveLaw (SC) 521

Click here to read/download the judgment

Judicial Appointments - Selection to the post of Civil Judge (Junior Division) in Bihar - Supreme Court sets aside decision of Bihar Public Service Commission to reject the applications of 8 candidates for not submitting originals of the certificates at the time of interview- Considering the facts and circumstances of the case, without entering into the respective argument we are of the considered view that the rejection of the candidates was improper, unjustified and not warranted. We have also taken note of the fact that there are vacancies available, which if filled up by meritorious candidates would only be an asset for the institution helping in disposal of cases pending in huge numbers- Paragraph 14.



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