Rinku Kumari, v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.734 of 2020 ====================================================== Rinku Kumari, D/o Shri Dronacharya Thakur, W/o Sri Sanjay Thakur, Resident of Mohalla-North Mandiri, Chhakaran Tola, P.O. and P.S.-Budha Colony, District-Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Health Department, Vikash Bhawan, Bailey Road, Patna.
2.
The Director in Chief, Health Department, Vikash Bhawan, Bailey Road, Patna.
3.
The Bihar Staff Selection Commission, P.O.-Veterinary College, DistrictPatna through its Chairman. 4.
The Secretary, Bihar Staff Selection Commission, P.O.-Veterinary College, District-Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kant Singh, Advocate For the B.S.S.C.
:
Mr. Ryan Shankar, Advocate For the State :
Mr. Viraj Kumar, AC to GA-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-07-2022 Heard counsel for the petitioner and learned counsels for the respondents.
The petitioner participated in the process of selection of ANM in the office of Civil Surgeon-cum-Chief Medical Officer pursuant to advertisement dated 17.02.2016. The admitted facts are that petitioner was interviewed on 17.01.2017. On 20th of January 2017, three days thereafter, she obtained a certificate showing her to be not within the creamy layer. This creamy layer certificate was not produced admittedly at the time of counseling but subsequently. Having regard to such lapse, the authorities have considered the petitioner's claim as a general category candidate, since she
2/4 failed to establish that she was member of the creamy layer so as to be entitled to the benefit of reservation in the category of EBC.
Mr. Singh, appearing for the petitioner, submits that the requirement of submitting creamy layer certificate on the date of counseling/interview was not specified in the advertisement.
He refers to Clause-(ii) of the advertisement, which reads as follows:- ii. आरकक्षित उममीदववाररो कक कलिए, रवाज्य सरकवार दवारवा अकधिसूकचित अंचिलिवाकधिकवारमी दवारवा कनिर्गत जवाकत प्रमवाण पत/कमीममी लिकयर रकहित प्रमवाण पत मवान्य हिहोंरक। सवाक्षिवात्कवार कक समय ऑनिलिवाइनि आवकदनि पत कक सवाथ कमीममीलिकयर रकहित प्रमवाण पत/जवाकत प्रमवाण पत सअंलिग्नि निहिहीं करनिकववालिक अभ्यथर्थी सवामवान्य शकणमी कक मवानिक जवायेंरक तथवा उन्हियें आरक्षिण कवा लिवाभ दकय निहिहीं हिरोरवा। अभ्यथर्थी आवकदनि-पत भरतक समय इस बवात कवा ध्यवानि रखयेंरक कमी वक कजस आरक्षिण शकणमी कक अन्तर्गत आतक हिरो, उसमी आरक्षिण शकणमी कवा दवाववा करयेंरक। It is submitted that the advertisement does not specify that both, the creamy layer certificate, as well as caste certificate are to be produced on the date of counseling or interview and,
3/4 therefore, the fact that the petitioner has submitted the certificate, three days thereafter, cannot be held against the petitioner so as to disqualify her from benefit of reservation, being a member of the extremely backward classes. Submission of Mr. Singh is based on an interpretation of the requirement specified in the advertisement, which is clearly unsustainable. Clause-(ii), noted above, specifies that candidates who do not produce non-creamy layer certificate/caste certificate at the time of counseling/interview, would be considered as candidates of general category and would be ineligible for benefit of reservation. There is no ambiguity from bare reading of the provision that both, noncreamy layer certificate as well as caste certificate, have to be submitted at the time of counseling/interview.
Intention of the advertisement is clear. There is no separate prescription specifying any other stage of the selection process for submission of the non-creamy layer certificate. Also both the requirements are in support of the claim for benefit of reservation. Any other inference, therefore, cannot be drawn regarding the stage of the selection process at which the noncreamy layer certificate was to be submitted.
4/4 to be fulfilled at this time of counseling/interview. No right can be claimed for the benefit of reservation when admittedly certificate was submitted after the date of counseling/interview.
No case is made out. Writ application is dismissed. SUMIT/Shashank/- (Madhuresh Prasad, J) U