The rejection of candidature based on non-submission of caste certificates in the prescribed format was deemed arbitrary and in violation of constitutional provisions.

S.N. Pathak, J.

Heard learned counsel for the petitioners and learned counsel for the respondents.

2. The petitioners have approached this Court with a prayer for a direction upon the respondents to publish the result of the petitioners, as they have fully qualified in all the tests conducted by the Jharkhand Staff Selection Commission (for short "JSSC") for the post of Kakshpal (Warden) but only because they have not submitted their caste certificates in accordance with the format prescribed in the Advertisement, illegally and arbitrarily their candidatures were rejected.

Further prayer has been made for providing opportunity to the petitioners for producing their caste certificates as well as residential certificates issued by S.D.O. in computerized format and for considering their representations and for passing necessary orders for their appointments.

Petitioners have also prayed for a direction upon the respondents to keep two posts vacant for the petitioners, since they have been declared successful in all the examinations but only due to non-production of caste certificates in proper format, their candidatures have been rejected by the respondent-authorities.

3. The factual exposition as has been delineated in the writ petition is that the JSSC vide its Advt. No. 12 of 2015, has advertised to fill-up the vacancies as existing in the Home Department under Prison with respect to Kakshpals (Wardens). The petitioners having the requisite qualifications for the said posts, have duly filled-up the application forms. In Clause-7 of the said Advertisement, it has been clearly mentioned that candidates who are claiming reservation, have to produce caste certificate and residential certificate issued by the competent authority, in accordance with the• Rules and Regulations of the State. Thereafter, after scrutinization of the forms submitted by the applicants, the petitioners along with the other applicants were allowed to appear in the preliminary examination, in which the petitioners were declared successful. Thereafter, the petitioners appeared in mains examination, in which also they were declared successful. Thereafter, a notification was published for those candidates who have cleared their preliminary as well as mains examination to appear for physical test along their testimonials. In the said Notification, the JSSC has modified the advertisement to the extent that the candidature of only those candidates under the EBC category are taken into consideration, whose certificates were issued after 31.02.2015 and certificates issued prior to 31.02.2015 will not be considered and the candidatures of such candidates will be rejected. The date for scrutinization and physical test was fixed for 30.01.2017 in two shifts. The petitioners appeared before the Board constituted for scrutinization and produced their certificates. Petitioner in W.P. (S). No. 1630 of 2017 has produced his caste certificate issued on 02.12.2014 by S.D.O. and also caste certificate issued on 02.11.2015 by B.D.O. Petitioner in W.P.(S). No. 1412 of 2017 has produced his caste certificate issued on 20.08.2008 by S.D.O., who is the competent authority for issuance of the aforesaid certificate, in which the petitioner has been declared as Economically Backward Caste. Inspite of production of the said certificates, the respondents have not considered the cases of the petitioners on the ground that they have not submitted their caste certificates in proper format, since the said certificate must have been issued after 31.03.2015 and as a result of which, in the final result, names of the petitioners figured in. the list of unsuccessful candidates. Hence, these writ petitions have been preferred by the petitioners for redressal of their grievances.

4. Learned counsels appearing for the petitioners submits that the action of the respondents in not considering the cases of the petitioners is highly arbitrary and against the settled propositions of law and is also