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2016 Supreme(Pat) 1367

HEMANT GUPTA, AHSANUDDIN AMANULLAH
Santosh Kumar, Son of Gokul Chandra Das – Appellant
Versus
State of Bihar through the Chief Secretary – Respondent


Advocates Appeared:
For the Petitioner:Mr. Yogesh Chandra Verma, Sr. Advocate.
For the Respondents:Mr. Sanjay Pandey, Advocate., A.C. to S.C. 3.

JUDGMENT :

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





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