The requirement for valid caste certificates by the cut-off date is constitutional, ensuring fairness in the application process for reservations, and non-compliance results in treatment under unreserved categories.

ORDER :

Ananda Sen, J.

1. This Full Bench has been constituted to answer the reference made by a Division Bench in L.P.A. No.64 of 2020 and other batch of cases vide order dated 2^nd March, 2023.

THE REFERENCE

2. The issue and the questions, which need to be answered, as framed by the learned Division Bench are as follows: -

A. Whether “Ram Kumar Gijroya” must be applied in every case irrespective of the facts of the case, provided the caste certificate is produced at the time of verification of the documents?

B. Whether Clause 9(gha) in the Advertisement No. 2 of 2016 and a similar stipulation in the other advertisements run contrary to the Constitutional mandate under Article 14, 16 and 335 of the Constitution of India?

C. Whether providing a condition in the advertisement that the caste certificate in the proper format should be in possession of the candidate on the last date for making the application failing which his/her candidature shall be considered under unreserved category is an exercise of excessive delegation of power and/or beyond the powers conferred upon the Commission?

THE BACKGROUND

3. For the purpose of answering the reference as referred to by the Division Bench, it is not necessary to traverse in detail all the facts of each individual cases. Suffice it would be to highlight that the petitioners/appellants herein had applied for various posts, against different advertisements published by the Jharkhand Public Service Commission or the Jharkhand Staff Selection Commission. In all these cases, petitioners/appellants are claiming benefits of reservation, since, they have been declared successful in the respective examination conducted by the Jharkhand Public Service Commission or Jharkhand Staff Selection Commission, as the case may be, and have secured more marks than the last selected candidates in their respective categories. It is the case of the petitioners/appellants that their caste certificates were not considered on the ground that (i) it was not in proper format; (ii) they were not in possession of the caste certificates in proper format as on the last date of submission of the application but they have produced the required caste certificate at the time of verification of documents. Their grievance further is (i) some of the candidates were permitted to appear in the interview in their caste category; and (ii) certificates of some of the candidates were accepted at the time of verification of documents; thus, there are procedural discrepancies, which were adopted, which also led to grievance of the petitioners/appellants. Challenging non- consideration of their case, petitioners-appellants approached the Court by filing writ petitions under Articles 226 of the Constitution of India.

4. Learned Single Judge had dismissed the writ petitions bearing Numbers W.P.(S) No.3151 of 2018 and other writ petitions, which led to filing of L.P.A. No.64 of 2020 and other batch of cases, which are for consideration before us under this reference. Learned Single Judge held that the prayers of the petitioners of submitting the caste certificate at the time of verification of documents in performa as mentioned in the advertisement or issued prior to the last date of submission of the application online, cannot be accepted as the same will amount to violation of Articles 14 and 16 of the Constitution of India, as several persons, who are similarly situated may not have applied as they did not possess the caste certificate in due format issued by the