IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8572 of 2011 Rajesh Kumar SON OF LATE FULESHWAR PRASAD YADAV RESIDENT OF MOHALLA BARETA, P.S. KASBA, DISTRICT PURNEA. Versus The State Of Bihar & Ors ----------- 2 11/07/2011 The only objection vehemently taken on behalf of the Bihar State Staff Selection Commission is that the present writ application has been filed by the petitioner after an adjudication has been made on the question raised therein by a Division Bench of this Court. The Division Bench in L.P.A. No. 416 of 2009 had occasion to go into the issue whether the caste certificate produced from an authority not indicated in the advertisement is valid piece of certificate for consideration in a particular category or not. Rejection of claim of candidates who had already been selected on that ground was already held to be bad in law because the Court was of the opinion that it may be a procedural irregularity but does not go to the root of the selection made as such. Opportunities have been given to all such persons to obtain an endorsement from the District Magistrate over and above the authority issuing such - 2 - caste certificate. If same set of candidates were ousted on this ground which was declared to be bad by a Division Bench, merely because the petitioner, who happened to be in a similar situation, moves the Court after declaration of law, this Court is not aware that a citizen would be barred from asserting such a right. Frivolous objection of the kind taken on behalf of the Selection Commission has to be rejected and resistance on this ground may lead to imposition of costs on the respondents in case they discriminate against this petitioner. This writ application, in the opinion of this Court is quite maintainable. This writ application is allowed with a direction upon the respondents to consider the claim of the petitioner in light of the declaration of the Division Bench. Failure may also entail imposition of cost, if a situation is created. AMIN/ (Ajay Kumar Tripathi, J.)