IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11818 of 2019 ======================================================

Sunanda Prabha Daughter of Sri Satyadeo Narayan Arya Resident of House No. 159, M.P. and M.L.A. Colony, P.O.- B.V. College, P.S.- Hawai Adda, District- Patna (Bihar).

... ... Petitioner/s Versus

1. The State of Bihar Through the Principal Secretary, Education Department, Government of Bihar, Vikash Bhawan, New Secretariat, Patna (Bihar).

2. The Director Primary Education, Education Department, Government of Bihar, Vikash Bhawan, New Secretariat, Patna (Bihar).

3. The Staff Selection Commission Bihar, Patna, Shiekhpur, Near Veterinary College, Post Office- B.V. College, P.S.- Airport, Town and District- Patna, through the Secretary.

4. The Chairman Staff Selection Commission, Bihar, Patna, Shiekhpur, Near Veterinary College, Post Office- B.V. College, P.S.- Airport, Town and District- Patna.

5. The Secretary Staff Selection Commission, Bihar, Patna, Shiekhpur, Near Veterinary College, Post Office- B.V. College, P.S.- Airport, Town and District- Patna.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr.Dhanendra Chaubey, Adv.

For the Respondent/s : Mr.Jitendra Kumar Roy 1 ( SC13 )

For the State : Mr. Jai Prabhat Kishore, AC to SC-13 For SCC : Mr. Jitendra Kumar Rai, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

9 02-02-2026 Secretary, Staff Selection Commission, Bihar, Patna is directed to file personal affidavit as to why the case of this petitioner was not considered for appropriate recommendation on the post of Assistant Teacher when Caste Certificate was duly submitted, which is said to have been issued by Sub- Divisional Officer on 17.01.2012 vide token no. T-20868, to show her entitlement under Scheduled Caste Women category, in continuity with the previous certificate issued by the Block Development Officer.

2. Learned counsel representing Staff Selection Commission has invited attention of this Court to Annexure-C Series of supplementary counter affidavit filed on behalf of Bihar Staff Selection Commission at page 28, by referring to one Caste Certificate, which is said to have been issued on 21.02.2012, while it is the case of the petitioner that a certificate duly issued by the Sub-Divisional Officer on 24.05.2005 appended with supplementary affidavit of the petitioner as Annexure-P/6, is said to have been submitted.

3. The further stand of the petitioner is that such certificate could not have been submitted on 17.02.2021 because the certificate which is being referred by the learned counsel representing the Staff Selection Commission is said to have been issued on 21.02.2012, and there was no occasion for the petitioner to have deposited such certificate and, as such, deliberately, the authorities of the Staff Selection Commission has prejudiced the right of the petitioner. The counsel for the petitioner submits that in view of the Hon’ble Apex Court judgment even the late submission of the Caste certificate issued by the appropriate authorities, showing entitlement for appointment under relevant categories as claimed by the candidates was required to have been considered keeping in mind the fact that the caste does not change as it is always referable to birth of a person. The Hon’ble Apex Court has further approved such certificates being deposited even after cut-off date and the reference of which can be had in the case of Ram Kumar Gijroya vs Delhi Sub. Services Selection Bd. & Anr reported in 2016 (4) SCC 754, wherein it has been observed that the date of issuance may not be an impediment before the Selecting Body to deny such submission and its due consideration.

4. It is expected that, if according to the Commission, the case of the petitioner is found justified in view of the judgment as aforesaid and her entitlement could have been considered under Sch