IN THE HIGH COURT OF JUDICATURE AT PATNA
ASHUTOSH KUMAR and HARISH KUMAR, JJ.
CWJC No.15325, 17276 of 2022
(19.4.2023)
Heena Naz (in 15325)
Ankita (in 17276) ... Petitioners
vs.
State of Bihar & Ors. ... Respondents
(in both)
Service Law – Appointment of Civil Judge pursuant to 31st Bihar Judicial Services Examination – eligibility – the petitioners in CWJC No. 15325/22 were students of the Current session whose examinations were held prior to their having registered themselves for appearing in the competitive examination – it is only the late process which led to the certificate being made available to them at a later point of time but, definitely before the last date of filing up the online application form – they could not have been rejected on this score only – if a candidate has the requisite qualification then this technicality ought not to come in his/her way of putting their qualification to use by appearing in public examination for obtaining job – regarding 2nd Writ application, the clarification in the advertisement makes it very clear that while filling up the form, the requisite degree or marksheet is necessarily to be filed – it does not insist for both the certificate and the marksheet or particularly certificate and not mark-sheet – application rejected by the commission on the ground that the mark-sheet cannot be a substitute for a certificate – in her case, there would be no difficulty for the state to send requisition for her to the commission for the needful – 2nd petitioners of CWJC 15325/22 may be given the appointment if the post goes vacant after decision of criminal case against the successful candidate – however, nothing can be done in case of 1st petitioner. (Paras 20, 21)
(1980)2 SCC 752, (2017) 11 SCC 276, CWJC No. 3952/2020, 2009 (17) SCC 24, CWJC No. 14924/2019 – Referred.
Ashutosh Kumar, J.—The two writ petitions viz. CWJC No. 15325 of 2022 (Heena Naz & Another) and CWJC No. 17276 of 2022 (Ankita) have been taken up together and are being disposed of by this common judgment.
2. In CWJC No. 15325 of 2022 (Heena Naz & Another), the candidature of the two petitioners, one of EBC Category and the other of EWS Category respectively, have been rejected on the ground that they have made a wrong disclosure while registering themselves for depositing the fee and making on-line application for being considered for appointment to the post of Civil Judge (Junior Division) in connection with 31st Bihar Judicial Services Examination.
3. The writ applications were filed challenging the result published by the Bihar Public Service Commission (hereinafter called ‘the Commission’) as regards their candidature.
4. It was submitted on behalf of the writ petitioners that the advertisement issued by the Commission clearly specified that an aspirant was required to annex the certificates of the Institution regarding their having passed the LLB Examination. However, while clarifying the aforenoted requirement, it was further provided in the aforesaid advertisement that at the time of interview, if the original certificates were not produced, it would put a cloud on the candidature of such candidate and, in that event, the decision of the Commission shall be final.
5. With respect to basic academic qualification making any candidate eligible for appearing in such examination, it was further provided that the certificate/mark-sheet of law or equivalent degree must be produced along with the on-line application form, the last date of filing such application form being 13.04.2020.
6. Clause 7 of the aforesaid advertisement further provids the time-line for registration; for depositing fee; and for filing on-line application forms. The dates of registering oneself; of depositing fee and of filing on-line application form was extended and finally the last date for registration was fixed on 31.08.2020; for depositing of fee to 05.09.2020 and for filing on-line application form to 12.09.2020.
7. Both the writ petitioners in CWJC No. 15325 of 2022 had obtained the degree of law from Aligarh Muslim University on 09.09.2020 i.e. prior to the last date of filing up the on-line application form.
8. The candidature of the petitioners was rejected by the Commission on the ground that while registering oneself, it was necessary for a candidate to declare that he had the requisite qualification for appearing in the 31st Judicial Service Examination, which necessitated a degree of law from the recognized university.
9. On the last date for registration, admittedly both the petitioners did not have a law degree. Nonetheless, they had appeared in the examination and were expecting their results and resultant certificate from the University came to them only on 09.09.2020.
10. Mr. Sanjay Pandey, learned counsel for the Commission has contended that a bare reading of the clauses of the advertisement makes it very clear that the conditions stipulated therein have been made mandatory which could not have been derogated from or else it would open a flood gate of claims and counter claims.
11. The manner in which the conditions have been stipulated clearly spell out that those conditions are mandatory, specially with respect to the qualification and the time limit within which such qualifications have been obtained.
12. With clarity, it was urged by Mr. Pandey that it has been provided in the advertisement that the academic certificate regarding eligibility must be of a date which anterior to the date when registration is to be made by the candidate.
13. Thus even if it is assumed, it has been argued, that the petitioners had valid law degree from a recognized university but, the statement in the registration form about their eligibility is incorrect as the LL.B certificate was obtained by the petitioners only after they had registered themselves. Had the
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