IMPORTANT POINT
Appointment – A candidate/applicant has to comply with all conditions/eligibility criteria as per advertisement before cut-off date mentioned therein unless extended by recruiting authority.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 20.02.2015 passed by the Division Bench of the High Court of Judicature at Patna in Letters Patent Appeal No.1631 of 2014 in Civil Writ Jurisdiction Case No.7650 of 2009 by which, after condoning the delay of 3 years and 55 days in preferring the appeal, the Division Bench of the High Court has allowed the said appeal and has quashed and set aside the judgment and order passed by the learned single Judge and has directed the D.I.G., Munger to take into account the select list forwarded to him on 08.09.2007, which included the name of the respondent No.1 herein (hereinafter referred to as “original writ petitioner”) and take necessary steps for his appointment as Constable, the State of Bihar and Others have preferred the present appeal.

2. The facts leading to the present appeal in nutshell are as under:-

2.1 That applications were invited vide advertisement bearing No. 1/2004 published on 08.02.2004 for selection of Constables in the Bihar Police Force. As per the advertisement, the applicant/candidate was required to enclose the self-attested copies of all necessary documents alongwith their application form. It further provided that all successful candidates will produce their original certificates before the Selection Council at the time of their appointment. The advertisement also further provided that additional five marks for NCC ‘B’ certificate and 10 marks for NCC ‘C’ certificate shall be awarded to the candidates holding such certificates.

2.2 Pursuant to the said advertisement, the original writ petitioner applied for the said post. He also participated in the re-measurement and physical test held on 08.09.2006 as per another advertisement published in the daily newspaper for the same. As the original writ petitioner did not submit his NCC certificate either with the application form or with the second application, he scored 12 marks. As he did not submit his NCC certificate, he was not awarded five additional marks for NCC ‘B’ certificate. The original writ petitioner approached the High Court by way of writ petition being CWJC No.5431 of 2008 making a grievance that he has been denied the benefit of five marks with regard to NCC ‘B’ certificate possessed by him, as provided for in the advertisement. It was his case that while his total marks were 17, making him eligible for appointment, those with lesser marks have been appointed, while his candidate has been considered on the basis of 12 marks only. The learned Single Judge refused to issue any positive direction with regard to the consideration of his candidature by observing that there is no pleading in the writ petition that the petitioner had annexed his NCC ‘B’ certificate in support of his claim alongwith the original application and in the absence of necessary pleading that the petitioner had annexed his NCC ‘B’ certificate alongwith his original application, no positive direction can be issued. However, the learned Single Judge observed that if the petitioner had not annexed such document with his original application and submitted the same subsequently after physical test but before the publication of the results, the matter shall remain in the discretion of the authority. Therefore, while refusing to issue any positive direction, disposed of the said writ petition for an appropriate decision by the authority, to exercise the discretion and to consider whether he could be allowed five additional marks on production of NCC ‘B’ certificate subsequently, after the physical test, but before the publication of the results.

2.3 That thereafter under the Right to Information Act, the original writ petitioner received the information that he was awarded 17 marks. His representation, pursuant to the earlier order passed by the learned Single Judge came to be disposed of by the appropriate authority refusing to allow five additional marks by observing that as at the