IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8329 of 2010 1. Vachanendra Kumar Deepam S/O Dr. Diwakar R/O Mohalla- Line Par Mirzapur, P.S.- Nawada, Distt.- Nawada Versus 1. The Bihar Staff Selection Commission Through Its Chairman Vetinary College, Patna-14 2. Secretary, The Bihar Staff Selection Commission Vetinary College, Patna-14 3. The State Of Bihar Through Its Secretary-Cum- Commissioner Labour Resources Department, Sachiwalaya, Patna 4. Director, Employment And Training Bihar, Patna ---------------------------------- 3/ 13/10/2011 Heard learned counsel for the petitioner and the Staff Selection Commission. The petitioner was an applicant for the post of I.T.I. Instructor in the Drawing mechanical trade and is aggrieved by the denial of appointment. Learned counsel for the petitioner from the counter affidavit submits that the petitioner has wrongly been considered as a general category candidate. He belongs to the backward caste and is entitled to be considered accordingly. He had submitted the necessary creamy layer certificate from the S.D.O. which should suffice. Learned Additional Advocate General-1 submits that the advertisement clearly stipulated that the creamy layer certificate was required to be submitted from the office of the District Magistrate only. 2 Any certificate submitted from the S.D.O. was not competent. He relies on a Division Bench Decision of this Court in L.P.A. No.1250/11 to submit that the petitioner cannot as a matter of right claim contrary to the advertisement that his creamy layer certificate issued by the S.D.O. should be accepted. The Court finds no merit in this application. It is accordingly dismissed. KC ( Navin Sinha, J.)