IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1162 of 2009 SUBODH KUMAR Versus THE STATE OF BIHAR & ORS ----------- 3. 26.02.2010 Learned senior counsel appearing for the appellant could not place any material which could show that the terms and conditions in the advertisement relating to reservation, particularly the terms requiring O.B.C. candidates to submit caste certificate which also requires a certificate that he is not in the creamy layer was to be issued from the District Magistrate of the concerned district or any Officers authorized by him is contrary to law. Hence, the candidates including the appellant who claimed reservation as OBC had to submit a caste certificate with endorsement that they do not belong to the creamy layer as issued by the District Magistrate or any Officers authorized by him. The original certificate issued by the appellant was by S.D.O., Munger. That certificate does not show that he was authorized by the District Magistrate to issue such a certificate nor any material has been brought on record to show that the District Magistrate had authorized him to issue the certificate required by an OBC candidate seeking - 2 - employment under the State of Bihar on the basis of reservation. The second submission advanced on behalf of the appellant is that after coming to know the defect in respect of his certificate on the basis whereof he was not included in the list of successful candidates belonging to most backward category, the appellant obtained another certificate issued by the District Magistrate, Munger dated 28th March, 2009 (Annexure-8 to the writ petition, also Annexure-8 to the supplementary affidavit in this appeal) which was submitted but has wrongly not been considered. On the basis of a letter sent by the Commission to a candidate in respect of another recruitment process, it was submitted that Commission should have given individual intimation and opportunity to the petitioner also to cure defects in the certificate. We are not aware as to what were the terms and conditions in the advertisement relating to the other recruitment process and under what circumstances individual intimation was sent to one particular candidate in respect of that recruitment process. In the present case, as per advertisement, the certificate was required to be - 3 - submitted along with the application form and the advertisement further mentions that consequence of not complying with such direction will invalidate the claim for reservation and the candidate shall be treated to be of general category. In view of such clear stipulation in the advertisements in the case at hand, it will not be proper to ask the Commission to deviate in favour of a single candidate and give him an extra opportunity. In that view of the matter, we find no merit in this appeal and hence it is dismissed accordingly. (Shiva Kirti Singh, J.) (C.M. Prasad, J.) Ravi/-