Candidates must submit all required certificates at the time of counseling to claim reservation benefits.

JUDGMENT :

(Rajiv Roy, J.)

Heard the parties.

2. This application has been preferred for the:-

(a) issuance of an appropriate writ in the nature of certiorari to:

(i) quash the order bearing Memo No. 2223 dated 24.08.2017 passed by the Bihar Staff Selection Commission, Patna (henceforth for short, ‘the Commission’) whereby and where under the objection filed by the petitioner that she belongs to Backward Class Annexure II (Non Creamy Layer) has been rejected and she has been treated as general category candidate on the ground that she did not submitted the non Creamy layer certificate with caste certificate, with regard to belonging to Backward Class Annexure II Non Creamy Layer at the time of counseling;

(ii) to quash the entire revised result issued under Memo No. 40321 dated 29.12.2017 (uploaded on website of ‘the Commission’ http://bssc.bih.nic.in) since the name of petitioner having Roll No. 21509280 does not find place in the said result;

(iii) for quashing of the letter no. 35 dated 08.01.2018 issued under signature of the Director, Agriculture, Bihar, Patna informing therein that on the basis of recommendation received from ‘the Commission’ for appointment of Agriculture Coordinator pursuant to Advertisement No. 02010115 dated 29.04.2015 shall start from 11.01.2018 to 10.02.2018.

(b) for issuance of writ in the nature of Mandamus directing the respondents:

(i) to accept the candidature of the petitioner under Backward Class Annexure II Non Creamy Layer category candidate and publish her result as successful candidate under WBC category for appointment on the post of Agriculture Coordinator;

(ii) to include the name of the petitioner in the results published vide Memo No. 2198 dated 05.08.2016, Memo No. 75 dated 24.01.2017 and Memo No. 3743 dated 24.11.2017 or in case of issuance of further revised result direct the respondents to include her name in the said revised result after rectifying the mistakes/irregularities which have been committed in preparation of aforesaid results in the light of order passed, if any by this Hon'ble Court;

(iii) for directing the respondents to come out with final result for including the name of the petitioner and recommend her name so that she may be appointed as Agriculture Coordinator in the department of Agriculture, Government of Bihar.

(c) for a direction commanding the respondents to issue appointment letter to the petitioner after following the procedures laid down in Resolution No. 2082 dated 01.04.2003 issued by General Administration Department, Government of Bihar.

3. The case in narrow compass is/are as follows:

(i) the petitioner took her graduation degree [B.Sc.(Horticulture)] from an Agriculture University of Hyderabad;

(ii) on the basis of aforesaid qualification, petitioner was earlier selected for working as Subject Matter Specialist in District Agriculture Office, Madhubani, Govt. of Bihar on contract basis and where she worked from 17.05.2010 to 18.07.2011. Thereafter the post of Subject Matter Specialist was abolished and further those having graduation degree in Agriculture Science, were engaged as Agriculture Coordinator;

(iv) Since the petitioner was having graduation degree in B.Sc. (Horticulture), she was not engaged;

(v) the petitioner belongs to Backward Class (Annexure II Non Creamy layer category);

(v) ‘the Commission’ came out with an advertisement no. 02010115 dated 29.04.2015 for appointment of 4391 Agriculture coordinators. Out of aforesaid 4391 posts, while 781 posts were kept reserved for Extremely Backward Class category candidates and 131 posts were kept reserved for Women candidates of Backward Class. The requisite qualification for applying for such post was Graduate in