IN THE HIGH COURT OF JUDICATURE AT PATNA
Dr. ANSHUMAN, J.
CWJC No.3198 of 2020
(20.6.2024)
Nivedita Mandal ... Petitioner
vs.
State of Bihar & Ors. ... Respondents
Service Law – Appointment – Cancellation of result of Combined Joint Competitive Examination by BPSC on the ground that the petitioner did not get verified her Creamy Layer Certificate with its original – Petitioner has failed to submit certificate of non-creamy layer at level of preliminary test, at level of mains examination and at level of interview and subsequently taken plea that Examination Controller has instructed him to submit application through registered post – Examination Controller is not competent to change condition of Advertisement – Application dismissed. (Paras 11 and 12)
Dr. Anshuman, J.—Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Bihar Public Service Commission.
2. The present writ application has been filed for quashing the final result so far as the same relates to the petitioner published by Bihar Public Service Commission of 60th, 61st and 62nd Combined Joint Competitive Examination dated 01.02.2019 whereby the result of the petitioner, who passed successfully in preliminary and main examination, has been cancelled on the ground that the petitioner did not get verified her Creamy Layer Certificate with its original and, therefore, her candidature was considered into general category. As the petitioner did not obtain minimum cut-off marks of general category, he was not selected in the final result of the Bihar Public Service Commission. Further prayer has been made that case of the petitioner be considered in the successful candidate treating the petitioner as E.B.C. (non-creamy layer) candidate and direction be given to the respondent to appoint the petitioner on a suitable post treating her a candidate belonging to E.B.C. (Female) candidate.
3. Learned counsel for the petitioner submits that the petitioner appeared in the 60th, 61st and 62nd Combined Joint Competitive (Preliminary/Mains) Examination. The petitioner belongs to the Extremely Backward Class female (non-creamy layer). Counsel submits that the petitioner downloaded the advertisement dated 15.09.2016 from the website of Bihar Public Service Commission and pursuant to the said advertisement the petitioner applied on 04.10.2016 online as a candidate of reserved category under E.B.C. Code-04. After submission of form, the Bihar Public Service Commission has issued admit card and her preliminary test was scheduled to be held on 12.02.2017. The petitioner appeared in preliminary test on scheduled date and became successful candidate. The Bihar Public Service Commission invited online application from the successful candidates of preliminary test and the petitioner again applied online. The petitioner appeared in the mains examination and again declared successful. The Bihar Public Service Commission issued interview letter to the petitioner. The petitioner appeared in the interview, but at the time of interview verification of certificates has been made and it has been found that E.B.C. certificate is not containing the noncreamy layer part and, therefore, her E.B.C. certificate was declared invalid.
4. Learned counsel submits that the petitioner had submitted an application to the Examination Controller, B.P.S.C., Patna, praying therein to grant her some time to produce non-creamy layer certificate and she was advised to send it by post. Upon which she sent the non-creamy layer certificate on the very next day by registered post. Counsel submits that in the format supplied by the Bihar Public Service Commission there was no column/space for non-creamy layer specification. Counsel submits that the final result was published on 01.02.2019 and from the result it appears that Bihar Public Service Commission has cancelled the result of the petitioner along with ten others of preliminary and mains treating her candidate of general category for not obtaining cutoff marks of general category.
5. Learned counsel for the petitioner further submits that the petitioner has filed application under Right to Information Act to provide the copy of her answer sheet but it was not provided. Thereafter, the petitioner has preferred appeal under the R.T.I. Act and then filed second appeal which is still pending. Subsequently, petitioner received information under R.T.I. Act then it came to the knowledge of the petitioner that her candidature was treated as general candidate and she could not obtain the minimum cut off marks for general category, as such her result of preliminary and mains has been cancelled. Thereafter, the petitioner has filed representation before the Bihar Public Service Commiss
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