P. B. Bajanthri, J.—In the instant petition, petitioner has sought for the following relief/reliefs:—

“(a) To publish the result of petitioner who qualified in written test as well as physical test in the exam conducted by Bihar Police Subordinate Service Commission Patna but the respondents rejected her only on the ground that she type “BC” in place of EBC in Category section of online application in advertise No. 01/2019 for the post of Sub Inspector.

(b) Issue a writ, order, orders or direction in nature of mandamus directing the respondents to correct the category as ‘EBC’ in place of ‘BC’ in the application form of Bihar Police Subordinate Service Commission.

(c) Issue writ, order or direction in nature of mandamus directing the respondents to consider the candidature of the petitioner in Bihar Police Subordinate Service Commission adv. No. 01/2019 for the post of sub inspector and allow the petitioner for commencement of training.”

2. Pursuant to the advertisement dated 21.08.2019, petitioner as a female candidate submitted application for the post of Police Sub- Inspector. The advertisement is for four types of posts namely Police Sub-Inspector, Sergeant, Assistant Superintendent Jail (Direct Recruitment) and Assistant Superintendent Jail (Ex- Servicemen). The petitioner instead of claiming reservation under EBC, wrongly mentioned in the application as BC (Backward Classes). She was permitted to participate in the process of selection like written examination and physical test and she has cleared all those examinations including physical efficiency test which is stated to have been held on 06.04.2021. She was not permitted to participate for further process on the score that petitioner’s claim is under EBC category whereas she has written in the application as BC category. In the result, petitioner’s application is to be cancelled in terms of conditions stipulated in the advertisement paragraph Nos. 2, 3, 6.

3. Learned counsel for the petitioner submitted that there is error committed by the petitioner in filling up of application form only to the extent of BC, Backward Classes in stead of EBC. It is a curable defect, therefore, petitioner’s candidature is to be considered under EBC category while curing the defect.

4. Per contra, learned counsel for the respondents submitted that petitioner’s candidature is rightly not considered due to error committed by the petitioner while filling up the application form and such application is to be cancelled in terms of conditions stipulated in the advertisement. In support of the rejection of the petitioner’s application, counsel for the respondent relied on paragraph 12 in the case of Jyoti Jaiswal vs. The State of Bihar Others in CWJC No. 6632 of 2019.

“This Court, on the contrary, finds that the present case is squarely covered by the judgments rendered by the learned Division Bench of this Court in the case of Central Selection Board of Constable vs. Raj Kumar (supra) and in the case of Anil Kumar (supra) as also by the one rendered by the Hon’ble Apex Court in the case of Bedanga Talukdar (supra). This Court, upon having considered the submissions advance by the learned counsel for the petitioner, finds that the petitioner had filled the wrong Class/caste category in the application form, thus she has engaged in suppressio veri and suggestio falsi inasmuch as if the petitioner was knowing that she has applied under the EBC category instead of the BC category, nothing had prevented her from either bringing the said fact to the notice of the authorities at the time of sitting in the prelims examination or the mains examination itself or having not at all appeared in the prelims examination or the mains as an EBC category candidate knowing fully-well that she belongs to the BC category, hence, such a person does not deserve any sympathy. In this connection, reliance is placed on a judgment rendered by the Hon’ble Apex Court in the case of A.P. Public Service Commission (supra).”

Heard