Mr. Ahsanuddin Amanullah, J.

1. Heard learned counsel for the parties.

2. Challenge in the present intra Court appeal is to the order dated 09.03.2016 by which C.W.J.C. No. 18100 of 2015 filed by the appellant has been dismissed.

3. The appellant applied for appointment on the post of Medical Officer pursuant to advertisement no. 15 of 2014 issued on 18.07.2014 by the Bihar Public Service Commission (hereinafter referred to as the 'Commission') for appointment of 2301 Medical Officers within the State of Bihar. The appellant applied under the EBC category. He was called for interview on 24.06.2015 and in the course of verification of his certificate, it was found that he did not possess the requisite certificate showing that he did not belong to the Creamy Layer in his Reserved category. The Commission, thus, treated him to be a General category candidate and because of there being a higher cut off marks, the appellant was not finally selected. Being aggrieved he preferred C.W.J.C. No. 18100 of 2015 and dismissal of the same by the learned Single Bench by order dated 09.03.2016 has given rise to the present Letters Patent Appeal.

4. Learned counsel for the appellant submitted that he had attached the certificate showing that he did not belong to the Creamy Layer, along with his application, and only during interview, on being informed that the said certificate has to be of a date not more than one year prior to the date of application, he was required to be granted time. It was submitted that the appellant cannot be made to suffer since by the time he took steps for issuance of a fresh certificate regarding not belonging to the Creamy Layer, the State Government, with effect from 01.07.2015 had included his caste, i.e., Tanti in the Scheduled Caste category after removing it from the Extremely Backward category. It was submitted that the Commission came out with another advertisement fixing 24.07.2015 for producing/verifying the original certificate with regard to Educational qualification, caste status etc. and the appellant having obtained fresh caste certificate dated 08.06.2015 showing him to be in the Extremely Backward category and another dated 20.07.2015 showing him to be in the Scheduled Caste category, but the authorities did not take the same into consideration, which is arbitrary and against the mandate of the Constitution of India with regard to the benefit of reservation conferred upon persons like the appellant. Learned counsel relied upon a judgment of the Hon’ble Supreme Court in the case of Ram Kumar Gijroya v. Delhi Subordinate Services Selection Board reported as AIR 2016 SC 1098, for the proposition that the candidate submitting caste certificate after cut off date mentioned in the advertisement cannot be held ineligible for selection to the post.

5. Learned counsel for the respondents submitted that in terms of the advertisement itself, the appellant had to submit certificate relating to his caste as well as to the effect that he did not belong to the Creamy Layer, which was valid only for the period of one year from the date of issuance of such certificate and in the present case, the certificate attached by the appellant, issued on 16.04.2008, lost its value after 15.04.2009. Learned counsel submitted that in the absence of such certificate the appellant became ineligible for being considered under the Reserved category, and was rightly considered under the General category, in which the cut off marks was 53.04 whereas the appellant secured only 41.61 marks. It was submitted that the appellant himself is to be blamed for not having produced the required documents at the relevant time and the authorities have neither acted against law nor discriminated against the appellant.

6. Having considered the rival contentions, we do not find any merit in the present Letters Patent Appeal. The terms of the advertisement clearly disclose that the Reserved category candidate shall be required to produce the rele