IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6812 of 2007 Birendra Kumar son of Jai Narayan Mandal, resident of Village and P.O. Sarouni Kala P.S.Bihariganj, District Madhepura … … Petitioner Versus 1. The State Of Bihar through Secretary, Personnel and Administrative Reforms Department, Patna 2. Bihar Public Service Commissin thropugh its Chairman, Bihar, Patna 3. Secretary, Bihar Public Service Commission, Bihar Public Service Commission, Bihar Patna. … … Respondents For the petitioner: Mr. Sarda Nand Mishra, Adv. For the State: Dr. Mankeshwar Tiwari, A.C. to A.A.G. 5 Mr. P.K.Verma ---------------------------------- 2. 15.12.2011 Heard learned counsel for the petitioner, the State and Bihar Public Service Commission. 2. Petitioner was an applicant for appointment pursuant to advertisement no. 50 of 1998(Pat.) issued by Bihar Public Service Commission. He appeared in the selection test but his result was not published and kept pending, vide notice published in newspaper- Annexure 4. A perusal of Annexure-4 indicates that the result of the petitioner was kept pending because he had not submitted caste certificate within the time notified for submission. 3. It is submitted on behalf of the petitioner that in the light of notice dated 18.7.2003 caste certificate from the District Magistrate was required to be submitted before the authorities of the Commission between 30-31.7.2003 but as the petitioner obtained caste certificate from the District Magistrate on 1.8.2003 the certificate was produced on 2 1.8.2003 beyond the time indicated in the notice dated 18.7.2003. It is submitted on behalf of the petitioner that the delay of one day in producing the caste certificate may be directed to be condoned and the case of the petitioner be considered against the available vacancies. 4. Counsel for the Bihar Public Service Commission has opposed the submission. He states that as per notice dated 18.7.2003 the petitioner and others who were applicants pursuant to advertisement No. 50 of 1998 were required to submit their caste certificates obtained from the District Magistrate between 30-31.7.2003 and as the petitioner could not produce his caste certificate within the said time his case cannot be considered against the available vacancies. In support of the aforesaid submission, learned counsel for the Commission has relied on the judgment of the Full Bench of this Court in Braj Kishore Prasad and others Vs. State of Bihar and Orts. (1998 (3) P.L.J.R 34. 5. Counsel for the petitioner in rejoinder submitted that in a subsequent decision of Division Bench in the case of Rakesh Kumar and Ors. Vs. State of Bihar and Ors. (2011(3) P.L.J.R. 682 this Court directed the State respondent to consider the case of even those who had submitted their caste certificates belatedly. In support of the aforesaid submission learned counsel has relied upon paragraphs 29 and 30 of the decision in the case of Rakesh Kumar(Supra). For 3 ready reference the relevant observation of the Division Bench in paragraph 29 is extracted below: “ On the background of the above facts, this Court is of the opinion that the candidature of the applicants should not have been rejected as they have obtained higher marks than the cut-off marks and also they have submitted their caste certificates as per advertisement ………….” 6. From the above quotation it would appear that the petitioner of the reported case had submitted his caste certificate as per the advertisement. In the case in hand, petitioner obtained caste certificate and produced the same after the date fixed in the advertisement. As such, his case cannot be considered. 7. This writ petition is accordingly dismissed. Kanth ( V.N.Sinha, J.)