Applications must conform with the terms and conditions mentioned in the advertisement, and documents received after the specified last date shall be rejected.

(Per: Hon'ble the Chief Justice)

This Appeal under Clause 10 of the Letters Patent is preferred by the writ petitioner against the JUDGMENT : and ORDER :dated 2nd March 2009 passed by the learned single Judge in above CWJC No. 2643 of 2009 after an unexplained delay of two years and forty one days.

2. Pursuant to the advertisement published on 21st September 2004, the appellant had applied for selection and appointment as Police Sub Inspector in the State Service in the category of Other Backward Class. The application was supported by a caste certificate issued by the Sub-Divisional Officer. The advertisement specifically required that in case of Other Backward Class candidate, caste certificate shall be issued by the District Collector or an officer authorized by the District Collector. The appellant’s candidature in the category of Other Backward Class was not accepted as the caste certificate was not issued by the District Magistrate or by the officer authorized by the District Magistrate as required. The challenge to the decision of the State Government in above CWJC No. 2643 of 2009 failed.

3. The learned single Judge has relied upon the JUDGMENT : of the Full Bench of this court in the matter of Braj Kishore Prasad Vs. The State of Bihar & Ors [1998(3) PLJR 34], to hold that the application shall be in consonance with the terms and conditions mentioned in the advertisement. As the appellant’s application was not in conformation with the terms and conditions mentioned in the advertisement his candidature was rightly rejected.

4. Feeling aggrieved the appellant has preferred the present Appeal.

5. Learned advocate Mr. Sandeep Kumar has appeared for the appellant. He has, in support of the limitation petition, filed a supplementary affidavit to show that the appellant could not contact the advocate engaged by him in the writ petition until 22nd July 2011.

6. We may note here that neither in the application filed under Section 5 of the Limitation Act nor in the supplementary affidavit, the appellant has made out a satisfactory cause for the aforesaid inordinate delay of two years and forty one days.

7. Mr. Sandeep Kumar has, in support of the Appeal, relied upon the Division Bench JUDGMENT : of this court in the matter of Rakesh Kumar (LPA No. 416 of 2009 reported in 2011 (3) PLJR 682 and other appeals) decided on 21st April 2011. He has submitted that in the said group of matters the Division Bench of this Court has allowed the claim of the applicants similarly situated as the present appellant in respect of the very advertisement published on 21st September 2004. Mr. Sandeep Kumar has submitted that the appellant, though belatedly, did file the caste certificate issued by the District Magistrate.

8. It is apparent that the Appeal has been preferred by the writ petitioner after inordinate delay to avail of the benefit of the aforesaid Division Bench JUDGMENT :.

9. Learned Additional Advocate General Mr. Lalit Kishore has appeared for the respondents. He has submitted that the Full Bench JUDGMENT : was not brought to the notice of the Division Bench. Besides, there are other Division Bench JUDGMENT :s in the same subject matter taking the same view as the view expressed by the Full Bench.

10. In the matter of Braj Kishore Prasad (supra) similar issue was referred to the Full Bench of this court. The Full Bench after an extensive JUDGMENT : culled the following principles in Paragraph 26 of the JUDGMENT ::-

“26. Having regard to all these considerations, I hold that:-

(a) Where the advertisement specifies the last date for filing of supporting or other documents, that date must be given effect to, and any document received after such date shall be rejected by the selecting authority.

(b) In appropriate cases where the selecting authority is of the view that the time for furnishing of documents should be extended, it may grant such extension by issuing a public notice to this effect so that all candidates may get the benefit of