JUDGMENT

Mohit Kumar Shah, J. - The present writ petition has been filed for quashing the order dated 15.03.2019 passed by Patna High Court CWJC No.6632 of 2019 dt.09-07-2021 the Chairman, Bihar Police Subordinate Service Commission (hereinafter referred to as 'the BPSSC) i.e. the Respondent No. 5 herein whereby and whereunder the representation of the petitioner for selection on the post of SubInspector has been rejected.

2. The brief facts of the case, according to the petitioner, are that an advertisement bearing advertisement no. 1 of 2017 was published by the Respondent-BPSSC for making appointments on the post of Sub-Inspector in the State of Bihar, pursuant whereto, the petitioner had applied in the prescribed form, had appeared in the examination held on 22.07.2018 and had passed the same. The petitioner is stated to be belonging to the backward class i.e. Khalvar caste, however, she had submitted her application form, pursuant to the aforesaid advertisement no. 1 of 2017 under the Extremely Backward Class (EBC) category.

3. The learned counsel for the petitioner has Patna High Court CWJC No.6632 of 2019 dt.09-07-2021 submitted that the Extremely Backward Class (Schedule I) caste certificate was issued to the petitioner by the Government of Bihar dated 21.10.2014 and subsequently, a non creamy layer certificate dated 29.09.2018 was issued by the Circle Officer, Patna Sadar, showing her to be falling under the backward class category (Schedule-2), hence, it is submitted that the petitioner subsequently came to know that she does not belong to the Extremely Backward Class (EBC) category, but belongs to the Backward Class (BC) category, hence, she had filed application dated 17.09.2018 for rectification of her caste status in the application form, however, the Respondent-BPSSC did not take steps leading to the petitioner filing a writ petition bearing CWJC No. 2057 of 2019, which was disposed of by a coordinate Bench of this Court, by an order dated 07.02.2019, with liberty to the petitioner to make appropriate representation before the Respondent No. 4, which was directed to be disposed of within Patna High Court CWJC No.6632 of 2019 dt.09-07-2021 a period of four weeks, thereafter. The petitioner had then made a representation but the same has been rejected by the impugned order dated 15.03.2019 issued by the Officer on Special Duty, BPSSC, Bihar, Patna, which has been assailed in the present proceedings.

4. The learned counsel for the petitioner submits that on account of bonafide mistake, the petitioner had filled the application form under the EBC category inasmuch as the petitioner was not knowing earlier that she belongs to the BC category, however, as soon as she came to know that she belongs to the BC category, she had filed an application for rectifying her category in the application form, however, the same has been rejected without any rhyme and reason. In this regard, the learned counsel for the petitioner has relied upon a judgment reported in (Ram Kumar Gijroya vs. Delhi Subordinate Services Selection Board & Anr., (2016) 4 SCC 754), Patna High Court CWJC No.6632 of 2019 dt.09-07-2021 to contend that failing to submit the reserved category certificate / non creamy layer certificate, issued by the appropriate authority, within the cutoff date mentioned in the advertisement would not render such candidate ineligible for selection inasmuch as rendering otherwise selected candidate ineligible only on the ground of late submission of the reserved category certificate would amount to denial of equality of opportunity contemplated under Articles 14 to 16 and 39A of the Constitution of India.

5. The learned counsel for the petitioner has further referred to a judgment dated 08.07.2019 passed by a coordinate Bench of this Court in CWJC No. 6030 of 2019 (Prakash Chandra vs. The State of Bihar & other analogous cases), more particularly page 40 thereof.

6. The learned counsel for the petitioner has also referred to a judgme