IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2084 of 1995 MAHATAM PRASAD & ANR Versus STATE OF BIHAR & ORS ----------- 4 21.8.2008 The petitioners have filed this writ application for forwarding their names for appointment to the post of Assistant Teachers in a primary school under the category of Scheduled Castes/Scheduled Tribes. The case of the petitioners is that he belongs to the GOND class and they applied for appointment against the advertisement issued on 9th October, 1991. The examination was to be held on 9th October, 1993 and in fact the petitioners were declared successful and their names were published amongst those persons who were selected. On 20th August, 1994 there was an advertisement in which it was stated that the petitioners have filled up their forms incorrectly and that they have given a wrong certificate stating that they belong to Scheduled Caste category. It is the contention of the petitioners that their applications could not have been rejected on the ground that they had claimed that they belong to the Scheduled Castes i.e. - 2 - GOND. The petitioners being resident of Uttar Pradesh believed that the GOND caste has been categorized to be a Scheduled Caste and as such filled the form describing themselves as Scheduled Caste. A counter affidavit has been filed on behalf of the Bihar Public Service Commission in which it has been stated that the petitioner no. 1 was at serial no. 192 of the list of successful candidates and petitioner no. 2 was at serial no. 275. The stand of the Bihar Public Service Commission is that it does not have the power to change the categorization of classification of Castes in Bihar and the Bihar Public Service Commission had to withdraw to the recommendation for appointment of the petitioners on the ground that they had wrongly produced the certificates to show that they belong to the Scheduled Caste. Although in Bihar ‘GOND’ belong to Scheduled Tribes. Learned counsel for the petitioner on the other hand submits that the mistake was bonafide and it was not made with the intention to achieve some wrongful gain, rather, it is submitted that if the petitioners had shown - 3 - themselves to be belonging to the Scheduled Tribes by producing certificates to that effect, they would have got advantage rather than a disadvantage and, therefore, the rejection of the petitioners’ applications was hyper technical. The stand of Bihar Public Service Commission, in my view is not justified. The petitioners ought to have been careful and diligent while applying for the post of Assistant Teachers. Each State has its own rules and regulations and infact it would lead to chaos if a candidate seeking employment were allowed to provide information and details regarding themselves in accordance with the rules framed in their States. As such I do not find any merit in the contentions raised on behalf of the petitioners and the writ application is dismissed. Sanjay (Sheema Ali Khan, J.)