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S. ABDUL NAZEER, VIKRAM NATH
Aarav Jain – Appellant
Versus
Bihar Public Service Commission – Respondent
JUDGMENT :
Vikram Nath, J.
Leave granted in all the Special Leave Petitions.
2. For recruitment of 349 posts of Civil Judge (Junior Division), the Bihar Public Service Commission issued an Advertisement No. 6 of 2018, dated 23.8.2018 for conducting 30th Bihar Judicial Services Examination. The break-up of the 349 posts is as follows:
| i. | General/unreserved (01) | 175 posts |
| ii. | SC (02) | 56 posts |
| iii. | SC (03) | 03 posts |
| iv. | EBC (04) | 73 Posts |
| v. | Backward Class (05) | 42 Posts |
3. After conducting the Screening Test, Written Test and Interview, the Commission vide letter dated 02.12.2019 recommended names of 349 candidates in order of merit. According to the figures available, out of the 349 recommended candidates, four candidates did not turn up for counselling. As such appointment letters were issued on different dates from January, 2020 to December, 2020 to 345 candidates. Further out of these 345 candidates, three candidates did not turn up for joining. As such the candidature of seven candidates was cancelled by the State Government vide order
Appointment of Civil Judge (Junior Division) – Cancellation of candidature of candidates on technical grounds would be improper, unjustified and not warranted.
Appointment – Production of original certificates at the time of interview is not mandatory but directory – If a person possesses eligibility before date of actual selection, he cannot be denied bene....
Even if some persons have been given the opportunity to produce their documents, which cannot be said to be in accordance with the provisions of the terms of the advertisement, the same would be of n....
The main legal point established is that candidates must strictly adhere to the stipulated requirements for possession and production of certificates at the time of application and interview, and any....
Adherence to stipulated selection procedure and lack of relaxation in the terms and conditions of the advertisement.
Public Service Commission - Promotional benefit - Candidates who have not taken birth in the cadre, the services would be counted prior to the date of appointment which cannot be allowed.
The judgment emphasizes the importance of strict adherence to the terms of advertisements for competitive examinations and upholds the principle that Article 14 of the Constitution does not permit re....
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