IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6551 of 2009 RAVINDRA NATH PAL Versus THE STATE OF BIHAR & ORS ----------- 2 22/5/2009 Heard counsel for the petitioner, counsel for the State as also counsel for the Commission. There is no denial to the fact that in the application filed by the petitioner pursuant to the advertisement no. 704/2004 he did not enclose the certificate issued by the District Magistrate as with regard to claiming reservation in the backward category. If that be the fact, the consequence was already mentioned in the advertisement. According to advertisement such candidate who would not enclose the required certificate for reservation was to be treated as a candidate of general category. The Commission in fact having found that the petitioner had not submitted the requited certificate, had rightly treated the petitioner as a candidate of general category. Submission of counsel for the petitioner that such certificate was produced at the time of interview will be of no avail. This Court in large number of cases arising out of the same advertisement has held that compliance of condition of the advertisement was condition precedent and therefore no exception can be made in the case of the petitioner. In fact, this Court has dismissed large number of exactly similar cases where certificate 2 was not filed as per terms of the advertisement. Reference in this connection may be made to the order of this Court dated 30.9.2008 in C.W.J.C.No. 10121 of 2008 (Rupa Kumari vs. the State of Bihar & ors.). In fact much earlier the same issue was gone into by the Full Bench of this Court in the case of Braj Kishore Prasad vs. The State of Bihar & ors., reported in 1998(3) PLJR 34, wherein paragraph no. 26, the law was laid down in the following words: “Having regard to all these considerations, I hold that: (a) Where the advertisement specifies the last date for filing of supporting or other documents, that date must be given effect to, and any document received after such date shall be rejected by the selecting authority. (b) In appropriate cases where the selecting authority is of the view that the time for furnishing of documents should be extended, it may grant such extension by issuing a public notice to this effect so that all candidates may get the benefit of such extension. In the absence of any such extension granted by the selecting authority, the date/dates mentioned in the advertisement should be treated to be the last date for filing of documents, and no document shall be accepted thereafter. (c) No application/document shall be entertained by the Commission if the same is filed after the last date specified in the advertisement, or the extended date notified by the Commission, even if the same is filed before the finalization of the select list. (d) In appropriate cases where this Court is satisfied that a case of extreme hardship or injustice has resulted on account of factors beyond the control 3 of the concerned candidate, this Court in exercise of its writ jurisdiction may grant relief in deserving cases. But in doing so, the Court must be satisfied that the candidate concerned has acted diligently, and is not guilty of delay or laches in taking necessary steps for procuring the requisite certificates etc. However, no relief shall be granted where the requisite certificate is produced for the first time after the process of selection is complete and the selecting authority has made its recommendation.” Let it be made clear that no case of extreme hardship has been made out by the petitioner of this case nor has he even made any pleading disclosing any factor beyond his control in procuring the requisite certificate. Added to all these the selecting authority has completed the selection process and has made its recommendation and any direction by this Court to consider the case of the petitioner as a candidate of reserved category will cause a great upheaval as the selected candidates have already been appointed. That being so, this Court would not find any reason to grant relief to the petitioner as prayed for in this writ application and accordingly this application is dismissed. Abhay Kumar (Mihir Kumar Jha, J.)