PATNA, India, Oct. 24 -- Patna High Court issued the following judgment on Sept. 25:
Heard the parties.
2. The petitioner, an aspirant for the post of Assistant Professor under the category of EBC/OBC in connection with Advertisement No.AP-MATH-23/20-21 is aggrieved with the action of the respondents, especially the Bihar State University Service Commission (for brevity 'the Commission') in not considering his candidature under the category of EBC/OBC and treated him to be Unreserved Category candidate.
3. Learned Advocate for the petitioner submitted that in terms with the captioned advertisement, the petitioner had submitted his application by specifically clarifying that he belongs to EBC/OBC (NCL) and has also submitted all the documents. The scrutiny was done by the Commission and no objection was raised; later on an important notice was issued on 30.04.2024. It has been informed that since the petitioner could not submit the Non-Creamy Layer Certificate and thus he has been treated as a candidate under the Unreserved Category. The said notice was also invited objection from the candidates that in case they have any claim/objection, they may file their objection till 15.05.2024. In pursuant to the aforesaid important notice, the petitioner immediately submitted his Non-Creamy Layer Certificate dated 26.03.2022 and further Certificate dated 06.05.2024. Despite the certificates duly furnished by the petitioner, his name did not find in the result. He has also filed a representation before the Secretary of the Commission; however, till date no action has been taken. Hence, the present application.
4. On the other hand, Mr. Tuhin Shankar, learned Advocate for the Commission has taken this Court through the advertisement and submitted that the facts are admitted; the cutoff date for filing application through online along with all the necessary documents/certificates was fixed on 02.11.2020, which was later on extended through a Corrigendum to 24.11.2020 and the hard copy of the certificates was directed to be filed before 30.12.2020. It is the admitted position that the petitioner has enclosed two Non-Creamy Layer Certificates, one dated 26.03.2022 and another dated 06.05.2024, issued much after the cut-off date and thus the request of the petitioner to treat him under EBC/OBC category is manifestly unsustainable. So far the contention of the petitioner with respect to the important notice dated 30.04.2024 is concerned, the same also appears to be misconceived for the simple reason that at no point of time, the petitioner has filed Non-Creamy Layer Certificate before the cut-off date and, as such, his claim for any correction in the category could not be entertained.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTEwOTMjMjAyNCMxI04=-xF--ak1--k1bZS--ak1--T8=
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