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P. B. BAJANTHRI, ALOK KUMAR PANDEY
Md. Athar @ Mohammad Athar – Appellant
Versus
State of Bihar – Respondent
P. B. Bajanthri, J. – Pursuant to our order dated 06.02.2024, Mr. Sunil Kumar, Secretary, Bihar Staff Selection Commission, Veterinary College Campus, Patna is present in the Court.
2. Appellant has assailed the order of the learned Single Judge dated 17.04.2021 passed in C.W.J.C. No. 9247 of 2020, his grievance is that he was a candidate for the post of Lab Technician pursuant to the advertisement issued by the Bihar Staff Selection Commission. He is stated to have been awarded 26.42 marks in the competitive examination. However, his experience certificate has not been taken note of on the score that it was not uploaded through On-line to that effect Annexure-R/1 along with the counter affidavit filed in the C.W.J.C. No. 9247 of 2020. The learned Single Judge has taken note of these facts and circumstances and proceeded to dismiss the writ petition.
3. Learned counsel for the appellant submitted that appellant had uploaded experience certificate, however, it was not uploaded due to technical glitch and it is a curable defect in all fairness with reference to merit of the candidate, Bihar Staff Selection Commission should have summoned the appellant for furnishing undisputed experien
Employment selection criteria must consider valid experience, and procedural technicalities should not obstruct substantial justice.
The court established that a candidate's experience must be recognized as per the terms of prior court orders and that arbitrary denial of experience certificates undermines the principles of fairnes....
The court held that procedural strictness in recruitment must be balanced with fairness, allowing exceptions for valid experience certificates issued by authorized personnel even if not counter signe....
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