S. Chandrashekhar, J. - (1.) SEEKING quashing of letter dated 23.01.2015 issued by Controller of Examination -respondent No. 4, the present writ petition has been filed with a further payer seeking direction upon the respondents to consider the candidature of the petitioner under BC -II category and for publishing the result of the petitioner in the BC -II category.
(2.) ADVERTISEMENT No. 04/2013 was issued inviting application for appointment on the post of Civil Judge (Junior Division). The petitioner submitted his application in BC -II category and he appeared in preliminary test examination held on 13.04.2014. The petitioner was declared successful in the preliminary examination and he was issued provisional admit card for the Mains examination. The petitioner was declared successful in the Mains examination also and he was directed to appear in interview on 19.12.2014 at 9.00 am. The selected candidates were required to produce original certificates including the original caste certificate issued by a competent authority not below the rank of Sub -Divisional Officer. On 19.12.2014 when the petitioner produced his original certificates, the caste certificate issued by the Block Development Officer, Rahe Block was not accepted and thereafter, on 21.01.2015, the petitioner submitted another caste certificate for BC -II category issued by the Deputy Commissioner, Ranchi, in the office of the Examination Controller, Jharkhand Public Service Commission. Vide letter dated 23.01.2015, the petitioner was informed that since the certificate issued by him was not in terms of the advertisement and as such his candidature was considered under unreserved category. Heard the learned counsel for the parties.
(3.) THE learned counsel for the petitioner submits that the petitioner appeared in the examination for the post of Civil Judge (Junior Division) and he was declared successful in the preliminary examination, in which his result was declared under BC -II category. Thereafter, a provisional admit card for appearing in the Mains examination was issued for BC -II category and the petitioner was declared successful. Merely, because the certificate submitted by the petitioner was issued by an officer below the rank of Sub Divisional Officer, his candidature under BC -II category has not been accepted. Though, the petitioner has secured 277 marks and the cut -off marks for BC -II category is 267, on a hyper technical ground, the petitioner's candidature has not been considered under the reserved category and therefore, a direction is required to be issued to the respondents for considering the candidature of the petitioner in BC -II category.;