The certificates issued by authorities other than the District Magistrate are valid until the process of appointment. The rejection of the appellants' candidature was discriminatory and irregular.

1. The abovementioned batch of cases arise out a common order dated 30.9.2008 passed by the learned Single Judge in C.W.J.C. No. 10121 of 2008 and other analogous cases.

2. The main grievances of the appellants in these appeals are that they have applied for the post of Sub-Inspector of Police in pursuance to the advertisement No. 704 dated 21.9.2004. The advertisement indicates that there are 1510 vacancies. Claim of the appellants is that they belong to Most backward classes category and have secured more marks than the candidates who were selected for appointment and also qualified in the physical test but they could not get appointment letters on the ground that they have not submitted their caste certificates issued by the concerned District Magistrate.

3. The case of the appellants/petitioners herein before the learned Single Judge was that they have submitted their O.B.C. certificate issued by the concerned Sub-Divisional Officer as required in the advertisement and on the basis of which they have been issued admit cards for appearing in the written examination and had succeeded in the said examination and obtained higher marks than the candidates who have been selected for appointment which fact has also been accepted by the respondents in their counter affidavits, but the appellants were not selected for appointment on the ground that they have not submitted the caste certificates as required in the advertisement. Therefore, such action in question has been challenged before the learned Single Judge by the writ petitioners, appellants herein.

4. A counter affidavit has been filed by respondent no. 2 and respondent nos. 6 to 8. It has been contended before the learned Single Judge as also before this Court that a fresh press note dated 13.10.2007 was published by the Commission with details of the syllabus for the written examination papers and procedures requiring the successful applicants to purchase the O.M.R. forms and apply afresh in the prescribed format. Item No. 6 of the said press note provided that those claiming benefit of Scheduled Caste and Scheduled Tribes must submit their caste certificates issued from the Sub-Divisional Officer and those claiming the benefit of other backward castes and extremely backward castes were required to submit their caste certificates including that of not belonging to the creamy layer from the District Magistrate or the officer authorized by him. Schedule-I to the said advertisement dated 13.10.2007 contained the name of such persons, who were under or overage and not eligible to appear at the written examination, or for reasons of the order of this Court passed in C.W.J.C. No. 6088 of 2006 debarring those who had applied from two places. Schedule-ll contained the list of roll numbers of persons from all categories, general and reserved, who had otherwise qualified at the physical screening test, but their applications were wanting for supporting papers. It is contended that for want of such papers the candidate could have been disqualified at the screening stage though otherwise found physically fit.

5. It has been submitted by the learned counsel for the appellants that even though they have submitted the required certificates signed by the concerned Sub- Divisional Officer and they have secured higher marks than the candidates who have been selected for appointment, the appellants were not selected for appointment on the posts in question. It has further been contended that the Commission has committed irregularities in not affording opportunities to the appellants to remove the defect in their application with regard to the caste certificates. It has been submitted that the caste certificate issued by the Sub-Divisional Officer cannot be rejected merely because it is not countersigned by the concerned District Magistrate. It has further been argued that the Division Bench of this Court has already upheld the validity of such certificate in the case of The Bihar P