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2011 Supreme(Pat) 1645

R.M.DOSHIT, BIRENDRA PRASAD VERMA
Tar Babu Yadav – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant/s: M/s. Dhananjay Kumar Upadhyay, Sandeep Kumar.
For the Respondent/s: M/s. Lalit Kishore, S.S. Sundaram, Vikash Kumar, Vipin Kumar.

ORDER :

(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 t



















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