- (1.) Refusal by the respondents to accept the caste certificate produced by the appellant-writ petitioner (hereinafter referred to as the petitioner), compelled the petitioner to approach the Writ Court with the following prayers : "(i) For a declaration that valid caste certificate issued in requisite format issued by competent authority of the Jharkhand State, deposited along with application form along with residential certificate and, accepted by the respondents cannot be refused after publication of result of Preliminary Examination just prior to interview though the petitioner has had such original certificates (copy where of was produced prior to interview) at the time of interview resulting in declaration of result in general category (Annexure-7). (ii) For a declaration that respondents cannot change the parameters of caste certificate from the 1st Advertisement for taking Main Examination thereby reducing the zone of consideration midway the recruitment processes as has been sought to be done by Annexure-4 and letter dated 28.08.2012 (Annexure-5). (iii) For a consequential declaration that the petitioner who could have been considered for appointment having secured more marks (in total) than last candidate selected and recommended for appointment (as is apparent from the result annexed as Annexure-8) has been deprived of having chance of equal consideration by arbitrary rejection of valid caste certificate vide order dated 28.8.2012. (iv) For issuance of a writ of or in the nature of mandamus commanding the respondents concerned (no.1) not to act upon the recommendation of respondent nos. 2 and 3 in respect of the candidates in Other Backward Class (OBC) having secured lesser marks than the petitioner, and/or at least keep one vacancy unfilled because the petitioner has secured 6 marks more than the last candidate in O.B.C category but was erroneously placed in general category."
(2.) The Writ Court dismissed the writ petition mainly on the ground that the petitioner failed to furnish the residential certificate or the caste certificate issued by the competent authority under the Government of Jharkhand along with his application for the Mains Examination. Challenging the impugned order dated 21.05.2015 in W.P. (S) No. 114/2013, Mr. Rajeev Kumar, the learned counsel for the petitioner submits that the finding recorded by the Writ Court that the petitioner failed to furnish the residential certificate or the caste certificate is an error of record whereas, the information supplied to the petitioner through the RTI reveals that the petitioner had submitted the temporary residential certificate, a copy of which has been filed vide, Annexure-8 series (at page 9) to the supplementary affidavit dated 22.09.2015 filed in the present proceeding.
(3.) Controverting the plea raised on behalf of the petitioner that he submitted requisite certificate along with the Mains Examination form, Mr. Sanjay Piprawall, the learned counsel appearing for the Jharkhand State Public Service Commission submits that the petitioner failed to submit requisite certificates in prescribed format in terms of Clause 28 of the Instructions within the stipulated time that is, by 09.03.2012. It is contended that after the petitioner accepted his candidature as a general category candidate, he cannot turn around and challenge the conditions contained in Clause 28 of the Instructions.;