Sharafat Ali Faizy v. The Central Selection Board (Constable Recruitment) Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12908 of 2021 ====================================================== Sharafat Ali Faizy S/o Md. Sabir, Resident of Mohalla-Almizan Nagar Tola, P.O. and P.S.-Phulwari, District-Patna.

... ... Petitioner/s

Versus

1.

The Central Selection Board (Constable Recruitment) Patna through its Chairman, Sardar Patel Bhawan, 6th Floor, Block-A/626, Jawaharlal Nehru Marg, Patna-23.

2.

The Secretary,Central Selection Board (Constable Recruitment) Patna, Sardar Patel Bhawan, 6th Floor, Block-A/626, Jawaharlal Nehru Marg, Patna-23.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jayant Kumar Karn, Advocate For the C.S.B.C.

:

Mr.Sanjay Pandey, Advocate Mr. Binod Kumar Mishra, Advocate Mr. Vivek Anand Amritesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2024 The present writ petition has been filed seeking the following reliefs:- "1. A. Non declaration of Final result of petitioner in the Final Result dated 12.04.2021, issued by the Chairman, Central Selection Board (Constable Recruitment) Patna, as contained in Annexure-P/7 on a trivial and inadvertent mistake committed by petitioner in writing BC as his caste instead of EBC in his application, may be declared erroneous and bad in law.

B. The respondent authorities may be directed to declare the final result of

Patna High Court CWJC No.12908 of 2021(2) dt.28-02-2024 2/3 petitioner in pursuance to marks secured by him in Physical Eligibility Test (PET), in EBC Category by ignoring his inadvertent mistake."

2.

Admittedly the petitioner had filled the application form by mentioning his category as B.C. category, however, during the course of verification of documents, he had failed to produce the certificate of Backward Class category and had instead produced certificate pertaining to Extremely Backward Class category, hence the petitioner was disqualified, on account of mismatch of the data furnished in the application form with the original documents produced by the petitioner, an issue which has also been decided by the learned Division Bench of this Hon'ble Court vide order dated 10.01.2013, passed in L.P.A. No. 1276 of 2012 against the petitioner.

3.

In view of the aforesaid, the learned counsel for the petitioner submits that the present writ petition be disposed off, however, liberty be granted to the petitioner to appear in future recruitment process, in case he is eligible as per

Patna High Court CWJC No.12908 of 2021(2) dt.28-02-2024 3/3 law. Liberty, so sought, is granted.

4.

The writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U