JUDGEMENT

Date : 12-03-2024 The present writ petition has been filed seeking the following reliefs:-

“i. For issuance of an order, direction or an appropriate writ for setting aside the result of 1stInter Level Combined Competitive Examination 2014 published on 27.06.2022 against advertisement number 06060114 dated 01.09.2014 to the extent to which the candidature of the petitioner has been considered under the Unreserved Category instead of EBC Category on the ground that the category mentioned in online application form (BC) differed from Non-Creamy Layer Certificate wherein EBC (Caste- Halwai) was mentioned.

ii. For issuance of an order, direction or a writ of mandamus for directing the respondent authorities to consider the candidature of the petitioner under the MBC (EBC) Category inasmuch as the petitioner stands qualified in the preliminary as well as the mains examination under the EBC Category to which she belongs.

iii. For issuance of an order, direction or an appropriate writ for directing the respondent authorities to keep one seat under the EBC Category against advertisement number 06060114 dated 01.09.2014 during the pendency of the present writ application.”

2.Admittedly, the present case is a case of category mismatch, inasmuch as though the petitioner had filled her reservation category in the application form as BC, however, at the time of counseling, she had failed to produce the BC Caste certificate and had instead produced EBC caste certificate.

3.The learned counsel for the petitioner has submitted that on account of mistake in filling the application form, the category mismatch has taken place, hence a sympathetic view be taken.

4.This Court finds that the issue is no longer res integra, inasmuch as this Court, in a judgment rendered in the case of Jyoti Jaiswal vs. the State of Bihar & Ors , reported in 2021 (3) PLJR 489 , has already held that the candidate who has wrongly filled the reservation category in the application form and has later not been able to produce the said category caste certificate, his/her candidature is liable to the disqualified.

5.It would be relevant to refer to paragraph nos.8, 9, 12 and 13 of the aforesaid judgment rendered in the case of Jyoti Jaiswal (surpa), which are reproduced, hereinbelow:-

“8. The learned counsel for the BPSSC has further submitted that the prelims. examination was conducted in between 11.03.2018 to 15.04.2018 and the petitioner had been declared to have passed under the Extremely Backward Class category, whereafter the mains examination was held on 22.07.2018 and again, the petitioner was shown to have passed under the Extremely Backward Class category, in the result published on

06.08.2018, whereupon, the physical test was held on

28.09.2018, however, during the course of verification of documents, the petitioner could not produce the extremely backward class certificate, hence, the petitioner was disqualified on account of the following reason "mismatch in application form with original documents".

The learned counsel for the BPSSC has further submitted that on account of the aforesaid reason, the representation of the petitioner has stood rejected by the impugned order dated 15.03.2019. It has also been stated that the final result has already been published by the Respondent-BPSSC on 09.03.2019 wherein 1665 candidates have been declared successful out of 1717 vacancies and 52 vacancies have remained unfilled on account of non-availability of suitable scheduled caste candidates. Thereafter, the BPSSC vide memo dated 17.03.2019 has also sent the recommendation of the successful candidates to the concerned Department for appointment on the post of Police Sub-Inspector, whereafter the appointments have also been made, hence, the entire selection process has already stood over long back. It is submitte