JUDGMENT :

The present petition has been filed for quashing and setting aside the order dated 22.07.2017 issued vide Memo dated 18.08.2017 passed by the Bihar Staff Selection Commission, Patna (hereinafter referred to as the Commission) whereby and whereunder the candidature of the petitioner has been rejected on the ground that non-creamy layer certificate has not been produced by the petitioner at the time of his counseling, as such, the candidature of the petitioner has been shown under the general category. It has further been prayed to consider the candidature of the petitioner under the BC (Backward Caste) category and publish the result of the petitioner.

2. The brief facts of the case are that the petitioner is working as Agriculture Coordinator since the date of his appointment on contractual basis. The contractual service of the petitioner has been extended from time to time and in the meantime, an advertisement was published by the Commission on 29.04.2015 for the purposes of making recruitment to the post of Agriculture Coordinator against the sanctioned and vacant 4391 posts under the Agriculture Directorate, Bihar, Patna. Clause 7 of the said advertisement prescribes the procedure for selection wherein it has been provided that the merit list shall be prepared on the basis of the percentage obtained in the graduation exam and on the basis of the work experience in the Agriculture Department, Government of Bihar. The percentage obtained in the graduation level was to be valued up to a maximum marks of 70 and 30 marks were to be given to the work experience. In Clause 4(ii), it has been provided that the caste certificate issued by the notified Circle Officer regarding certification of the caste of the backward class and extremely backward class which states about the candidate not belonging to the Creamy Layer, shall be considered valid. Similar provision has also been made with regard to the schedule caste/scheduled tribe candidates. It has further been provided that at the time of applying online, it is not necessary to furnish caste certificate, but at the time of counseling, the candidates belonging to the backward category/extremely backward category should produce the non-creamy layer certificate and the SC/ST candidates should produce the caste certificate and in case, they fail to submit the said certificates, such candidates would be considered under the unreserved category and they will not get the benefit of reservation. It has further been provided that at the time of filling up of the form, the candidates should keep in mind that they should only claim the benefit of that reservation category under which they fall.

3. It is the further case of the petitioner that being fully eligible, the petitioner had submitted his application online whereafter, admit card was issued to the petitioner for the purposes of counseling. The petitioner had appeared before the concerned authority and counseling was conducted on 05.05.2016. The petitioner is stated to have filed his objection on the earlier result dated 05.08.2016, individually before the Secretary of the Commission and before the other authorities. It is further submitted by the petitioner that the petitioner had submitted his non-creamy layer certificate at the time of his initial selection and also at the time of his counseling. It has also been stated that the non-creamy layer certificate of the petitioner is dated 31.12.2012. It is the case of the petitioner that the petitioner was surprised when his name did not find place, when the results were declared whereafter many candidates approached this Hon’ble Court and this Hon’ble Court vide order dated 30.05.2017 passed in C.W.J.C. No. 13658 of 2016(Reported in 2018 (2) PLJR 160) had directed the Commission/the authority concerned to consider the objections raised by the petitioners of the said case and dispose of the same by a speaking order. The writ petition filed by the petitioner herein i.e. C.W.J.C.