Adherence to terms and conditions in the advertisement and the stipulated selection procedure is crucial for claiming reservation. The requirement of non-creamy layer certificate for reservation against EBC category must be strictly followed.

JUDGMENT :

1. Whether the respondent Bihar Public Service Commission was justified in considering petitioner’s candidature against an open (unreserved) vacancy of the post of Lecturer in the subject of Arts and craft for various Training College in the State of Bihar and thus denying him the benefit of reservation available for Extremely Backward Class, in the facts and circumstances of the present case, is the only question which the present writ application involves.

2. The petitioner claims that he belongs to Lohar community, which was recognized as Extremely Backward Class (EBC). The Bihar Public Service Commission (BPSC) came out with an advertisement No. 04/2016 in May, 2016 inviting applications for selection for appointment to the post of Lecturers in the subject of Arts and Craft in various Government Training Colleges. A total number of 26 vacancies were advertised. Five out of 26 vacancies were reserved for EBC category. Clause 7 of the advertisement related to reservation in the matter of selection process in question. Clause 7(ii)(B) of the advertisement clearly mentioned that candidates claiming reservation against the Backward Class category and EBC category shall have to essentially submit following documents, namely : -

(a) Caste Certificate;

(b) Non-creamy Layer Certificate; and

(c) Domicile Certificate.

3. It further mentioned that original certificates for claiming reservation in the matter of selection must be produced at the time of interview, else the benefit of reservation shall not be admissible. 6th June, 2016 was the last date for submission of application forms.

4. The petitioner claims that he had submitted Caste Certificate dated 07.09.2015 acknowledging his status as a member of EBC category. It is admitted fact that the petitioner did not submit the creamy layer certificate along with his caste certificate as was stipulated in the advertisement to be essentially required.

5. The petitioner participated in the examination held on 26.08.2018, result of which was published by the BPSC on 26.04.2020. The petitioner was declared successful. He participated in the interview held on 23.06.2020. In the interview letter issued by the BPSC also, it was clearly mentioned that the candidates claiming selection on the basis of reservation must submit the original ‘non-creamy layer certificate’, else benefit of reservation would not be admissible.

6. The final result was published on 04.07.2020. The petitioner’s name did not figure in the list of selected candidates. It is not in dispute that the petitioner secured 69.48 marks, whereas cut off marks for unreserved category was fixed at 71.766 and that for the EBC category was fixed at 64.450. It is the petitioner’s case that merely because he had failed to submit non-creamy layer certificate at the time of submission of application and at the time of interview his claim of belonging to EBC category for the purpose of reservation cannot be denied.

7. Till date the petitioner does not have non-creamy layer certificate to establish his claim for reservation against a vacancy reserved for EBC.

8. It has been stated in the writ petition that the petitioner failed to submit the non-creamy layer certificate along with the application form as the said certificate could not be obtained due to paucity of time. It is noted here that there is no averment in the writ application to the effect that any step was taken to obtain the non-creamy layer certificate.

9. There are certain events which followed subsequent to submission of application form by the petitioner because of which the petitioner has not been able to obtain non-creamy layer certificate, in the background of which the petitioner has filed present writ application seeking mandamus to the respondents to issue in his favour a non-creamy layer certificate. Before referring to the relief which the petitioner has sought for, the said developments subsequent to submission of application form are being taken note of.