Relaxation in the requirement for submission of caste and creamy layer certificate influenced the court's decision in directing the Commission to verify the submission of required certificates by the petitioners.

1. Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the Bihar Public Service Commission.

2. The two petitioners have filed this writ application for a direction to the respondent Bihar Public Service Commission (hereinafter referred to as The Commission) to declare them successful in Primary Teachers Competitive Examination, 1996, under the reserved category.

3. Case of the petitioners is that an advertisement was published some time in May, 1996 for holding a preliminary examination for appointment of primary teachers in various schools of the State. The two petitioners belonged to other backward class (OBC) and most backward class (MBC) respectively and they were otherwise qualified to appear in the examination. Therefore, they submitted their applications and were issued admit cards. They appeared in the examination and were successful. Thereafter, some time in the year 1999, another advertisement was published for holding mains examination. In the advertisement it was stipulated that candidates of other backward class, most backward class and others should submit their caste certificate and creamy layer certificate issued by a competent authority. Accordingly, petitioners obtained the required certificates from the concerned S.D.O. and applied for appearing in the mains examination, enclosing the same.

4. It is the case of the petitioners that there was strike of Non-Gazetted employees between the periods of 12th January, 1999 to 20th June, 1999. Therefore, they could not obtain caste and creamy layer certificate from the office of the respondent Collector. However, since the concerned S.D.O. was also one of the competent authorities to issue caste and creamy layer certificate, they had appended valid certificates alongwith their applications. They appeared in the examination, and when the result was published they did not find their names in the list. Therefore, they submitted their representation to the Commission making enquiry as to whether they had qualified in examination or not.

5. After the strike of Non-Gazetted employees was over,they obtained their caste and creamy layer certificates from the office of the respondent Collector also and submitted the same to the Commission. However, on enquiry they were told that since they had not submitted their caste and creamy layer certificates, issued from the office of the Collector, their cases were considered in the general category and in the general category they had not qualified. Therefore, petitioners filed this writ application for a direction to the Commission to declare them qualified in the examination in the respective reserved category and for a direction to recommend their names for appointment as Primary Teachers against reserved category posts.

6. Counter affidavit has been filed by the Commission and it is stated that the last candidate of general category had obtained 59 marks whereas petitioner no. 1 had obtained 58 marks and petitioner no.2 had obtained 54 marks. Therefore, in the category of general candidates they were not found eligible for being recommended for their appointment as primary teachers.

7. Learned counsel for the petitioners submits that the advertisement for mains examination, a copy whereof is annexed as Annexure-2, clearly mentioned that the candidates of OBC and MBC and of other reserved category could submit their caste and creamy layer certificates issued by a competent authority. He submits that the advertisement for preliminary test mentioned that at the time of submission of application for mains examination caste certificate had to be submitted. He submits that it is true that earlier it was mandatory for any candidate for Government service to submit caste and creamy layer certificate issued from the Collector only. But later on, the said requirement was relaxed as per letter no. 45 dated 25.3.1996, a copy whereof is annexed as Annexure-B to the counter affidavit of the