KANCHAN MALA Vs. STATE OF BIHAR

JUDGEMENT

(1.) LEARNED counsel for the Bihar Public Service Commission, Patna (hereinafter referred to as "the Commission") has filed counter affidavit and the petitioner has filed reply thereto. Both are taken on record.

(2.) HEARD learned counsel for the petitioner, the State as also the counsel for the Commission. Petitioner has filed this writ application for a direction to the Commission to consider the Caste and Creamy Layer certificate granted by the District Magistrate, Nalanda dated 14.9.2007, as contained in Annexure -9 for appointment on the post of Child Development Project Officer pursuant to Advertisement No. 34 of 2005 in response whereto she sat in the preliminary test. After she became successful in the preliminary test she submitted her application form with the required fee and documents in terms of the Communique dated 13th November, 2006. Annexure - 2. As her application form was to appear in the main examination, result whereof was published in the newspaper on 10th August, 2007, as contained in Annexure -3. It appears petitioner with Roll No. 114889 became successful in the main examination. The Commission thereafter issued Communique dated 22.8.2007, Annexure -4 Clause (4) whereof required that the Backward Class/Most Backward Class candidates should furnish their Caste and Creamy Layer certificate issued under the signature of District Magistrate or an officer authorized by the District Magistrate. Such instructions were also given to the petitioner under Commission 'sLetter No. 1381 dated 22.8.2007, Annexure -5 whereunder the date of her interview i.e. 12.9.2007 was also communicated. It has been stated in the writ petition that the aforesaid letter no. 1381 dated 22.8.2007, Annexure -5 was received by the petitioner on 28.8.2007 just two weeks before the date of interview in the circumstances petitioner could not obtain the Caste and Creamy Layer certificate under the signature of the District Magistrate and accordingly went to appear for the interview on 12.9.2007 and submitted Caste Certificate dated 8.10.1998, Annexure -8 issued by the District Magistrate and the Creamy Layer certificate issued by the Sub -Divisional Officer, Hilsa, Nalanda dated 22.8.2007, Annexure -6.

(3.) APPRECIATING that the time to obtain and produce the Caste and Creamy Layer certificate in the light of the instructions contained in Paragraph 4 of the Communique dated 22.8.2007 as also Paragraph 6 of letter no. 1301 dated 22.8.2007, Annexures -4 and 5 was short the Commission itself permitted the petitioner to appear in the interview on the basis of the Caste certificate issued by the Collector dated 8.10.1998, Annexure -8 and Creamy Layer certificate issued by the Sub - Divisional Officer, Hilsa, Nalanda dated 22.8.2007, Annexure -6 and thereafter granted time until 15.9.2007 to produce the Caste and Creamy Layer certificate issued under the signature of the District Magistrate as was required under the Communique dated 22.8.2007 and letter no. 1381 dated 22.8.2007, Annexures -4 and 5 and such statements have been made in paragraphs 16 and 17. of the writ petition. Petitioner, thereafter, approached the District Magistrate, Nalanda and obtained the Caste and Creamy Layer certificate dated 14.9.2007 under the signature of the District Magistrate, Nalanda, Annexure -9 and produced the same before the Commission on 15.9.2007 but the same was not considered. Similar was the case of Putul Kumari who also could not produce the Caste and Creamy Layer certificate issued by the District Magistrate at the time of her interview on 10.9.2007 and she was also given such opportunity and thereafter from paragraph 5 of the supplementary counter affidavit filed on behalf of the Commission it appears that her case has been considered in the light of the Caste/ Creamy Layer certificate issued by the District Magistrate, Bhagalpur dated 14.9.2007 but in the case of the petitioner such certificate issued by the District Magistrate, Nalanda on 14.9.2007 has not been considered and statement to this effect made in paragraphs 16 and 17 of the writ petition has not been controverted in the counter and supplementary counter affidavit. In the circumstances, it is writ large that the petitioner herein has been discriminated while considering her Backward Class and Creamy Layer certificate dated 14.9.2007, Annexure -9 infracting Articles 14 and 16 of the Constitution. It may be mentioned here in passing that the instructions of the Commission as contained in paragraph 4(ii) of Communique dated 13.11.2006 to obtain the Caste and Creamy Layer certificate from the Sub - Divisional Officer has not been superseded under subsequent Communique dated 22.8.2007, Annexure -4 and instruction contained in letter dated 22.8.2007, Annexure -5.