IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10121 of 2010 1. Manish Kumar S/O Arjun Sharma At Arya-Tola, P.O.- Sabour, P.S.- Sabour, Distt.- Bhagalpur Versus 1. The State Of Bihar 2. The Secretary, Department Of Labour Employment & Training, Government Of Bihar, Patna 3. The Director, Directorate Of Employment & Training Vikash Bhawan, New Secretariat, Patna 4. The Joint Director, Directorate Of Employment & Training Vikash Bhawan, New Secretariat, Patna 5. The Secretary Bihar Staff Selection Commission, Veterinary College, Patna 4/ 25/10/2011 Heard learned counsel for the petitioner, the State and for the Bihar Staff Selection Commission. The petitioner was an applicant for the post of Class-3 post of Instructor in the I.T.I. in pursuance of an advertisement dated 4.8.2007. He belonged to the backward class. The advertisement clearly stipulated that candidates of his category were required to produce their creamy layer certificate from the District Magistrate or any other officer authorized by him. Learned counsel for the petitioner submits that he had submitted such report issued by the S.D.O. and who was duly authorized to do so. There is no such pleading of assertion by the petitioner. The respondents in their counter affidavit contend that in absence of a proper caste certificate 2 from the competent authority the petitioner had been treated as a general candidate and based on his performance as such he did not succeed. Learned counsel for the Commission relies on an order of this Court in L.P.A. No.1250/11 arising out of C.W.J.C. No.18590/10 holding that if the caste certificate submitted was not from the competent authority of belonging to the backward class or extremely backward class, no infirmity could be found in the action of the respondents in not granting the benefit and appointment cannot be claimed as a matter of right on that basis and no mandamus can be issued by the Court. There is no merit in this application. It is accordingly dismissed. KC ( Navin Sinha, J.)