IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1311 of 2019

In

Civil Writ Jurisdiction Case No.727 of 2018

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1.

The Bihar Staff Selection Commission Patna. Through its Chairman.

2.

The Chairman The Bihar Staff Selection Commission, Veterinary College

Compound, P.O.- B.V. College, Patna.

3.

The Secretary The Bihar Staff Selection Commission, Veterinary College

Compound, P.O.- B.V. College, Patna.

... ... Appellant/s

Versus

1.

Shashi Bhushan Yadav Son of Bholanath Yadav Resident of Village-

Maharaj Ke Tola, P.O.- Khawashpur, P.S.- Krishnagarh, District- Bhojpur at

Arrah.

2.

The State of Bihar Through the Chief Secretary, Bihar, Patna.

3.

The Principal Secretary, Department of Agriculture, Government of Bihar,

Patna.

4.

The Principal Secretary, Department of General Administration,

Government of Bihar, Patna.

5.

The Agriculture Production Commissioner Department of Agriculture,

Government of Bihar, Patna.

6.

The Director Agriculture Department of Agriculture, Government of Bihar,

Patna.

7.

The District Agriculture Officer, Bhojpur, District- Bhojpur at Arrah.

... ... Respondent/s

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Appearance :

For the State

:

Mr.Sarvesh Kr. Singh AAG-13

Mr.Ravi Kumar Ac to AAG-13

For Commission(BSSC) : Satyabir Bharti Adv.

For the Respondent/s

:

Mr.Nityanand Mishra

Mr. Alok Abhinav

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

and

HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 07-11-2022

Heard learned counsels for the parties.

2. The instant L.P.A, is by the Bihar Staff Selection

Patna High Court L.P.A No.1311 of 2019 dt.07-11-2022

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Commission against the order of the learned single Judge dated

17.05.2019 passed in C.W.J.C 727 of 2018.

3. Brief facts of the case are that Commission

issued an advertisement on 29.04.2015 in filling up number of

Agricultural Coordinator of post. In this regard, counselling was

undertaken during the period from 18.01.2016 to 09.05.2016.

The respondent-Shashi Bhushan Yadav was invited for

counselling on 05.05.2016. Even though his application is under

reservation category namely Backward Class(Yadav) read with

Non Creamy Layer. As on the date of counselling that is on

05.05.2016, he has failed to furnish Non Creamy Layer

certificate. Therefore, the respondent-petitioner name has been

considered other than the Non Creamy Layer category. Merit list

was notified on 05.08.2016, thereafter, certain correspondence

was made by the petitioner-Commission. Ultimately, the

Commission rejected the respondent’s claim that he had not filed

Non Creamy Layer certificate as on 05.05.2016 the date on

which Counselling was held. Such decision was communicated

to the respondent vide decision dated 22.07.2017. Feeling

aggrieved and dissatisfied with the decision of the commission

dated 22.07.2017, respondent filed C.W.J.C No. 727 of 2018. It

was allowed in his favour, hence, the present L.P.A on behalf of

Patna High Court L.P.A No.1311 of 2019 dt.07-11-2022

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the Commission.

4. Learned Counsel for the Commission

vehemently contended that learned single Judge has committed

error in allowing the C.W.J.C No. 727 of 2018, while ignoring

clause 4(2) of the advertisement dated 29.04.2015 by which

candidates have been given instruction to furnish respective

certificates as on the date of counselling. In the present case,

respondent has not furnished the Non Creamy Layer certificate

on 05.05.2016, the date on which he was subjected to

counselling. It is further submitted that learned single Judge has

relied on Hon’ble Supreme Court’s decision (2016) 4 SCC 754

(Ram Kumar Gijroya Vs. Delhi Subordinate Servic