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2019 Supreme(Pat) 426

MOHIT KUMAR SHAH
Shashi Bhushan Yadav, son of Bholanath Yadav – Appellant
Versus
State of Bihar, through the Chief Secretary – Respondent


Advocates Appeared:
For the Petitioner: Mr. Nityanand Mishra
For the Respondent: Mr. Ashok Kumar Dubey, Ms. Mamta Vijaya, Ms. Anu Shree, M/s. Sarvesh Kr. Singh, Ravi Kumar

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 th

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