IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9723 of 2008 Amitabh Singh, son of Sri Kamal Narayan Singh, resident of Mohalla Kadamkuan, P.S. Kadamkuan, District and Town of Patna………………………………………………….…………………..Petitioner Versus 1. The State Of Bihar. 2. The Secretary, Road Construction Department, Government of Bihar, Patna. 3. The Bihar Public Service Commission, 15, Jawahar Lal Nehru Marg (Bailey Road), Patna- 800001 through its Chairman. 4. The Chairman, Bihar Public Service Commission, 15, Jawahar Lal Nehru Marg (Bailey Road), Patna-1. 5. The Secretary, Bihar Public Service Commission, 15, Jawahar Lal Nehru Marg (Bailey Road), Patna-1. 6. The Deputy Secretary-cum-Controller of Examination, Bihar Public Service Commission, 15, Jawahar Lal Nehru Marg (Bailey Road), Patna-800001………………………………….Respondents ----------- For the Petitioner: Mr. S.P. Mukherjee, Sr. Advocate with Mr.Shanti Pratap, Advocate For the State: Mr. Pramod Kumar Sinha, A.C. to A.A.G.2 2. 03.02.2011 Heard learned counsel for the petitioner as well as learned counsel for the respondents. Bihar Public Service Commission (in short, ‘the Commission’) published an advertisement on 01.11.2006 inviting applications from eligible candidates for recommendation for their appointment as Assistant Engineer (Civil). The advertisement, as contained in Annexure- 2 2, provided that to entertain a claim for recommendation on the basis of reservation, caste certificate issued by the Collector or countersigned by him and issued by any Additional Collector or S.D.O. shall only be acceptable. As per claim of the petitioner, he applied for consideration of his case for appointment as extremely backward class candidate. Petitioner appeared in the written examination on 16.07.2007. After declaring him successful in the written examination, he was called for interview in which he appeared on 08.03.2008. Petitioner has accepted in pleading made in paragraph 8 of the writ application that at the time of interview, he did not produce caste certificate. He has claimed that at the time of interview, he was allowed 20 days time to produce such certificate. From the date of interview, 20 days time was to expire on 28th March, 2008. It is stated that petitioner obtained caste certificate from the Circle Officer on 18.03.2008 and sent it through Speed Post 3 to the Commission on 20.03.2008. The result was thereafter published on 02.04.2008 in which petitioner’s Roll Number was not there as finally selected candidate. Petitioner thereafter obtained a caste certificate from the office of S.D.O. on 09.04.2008 and sent the same to the Commission through Speed Post on 11.04.2008. On these facts, a prayer is made that the name of the petitioner be directed to be recommended for appointment on the post of Assistant Engineer (Civil) as extremely backward class candidate as two vacancies of that category are available. Facts noticed above show that from the date of advertisement till the interview held on 08.03.2008, petitioner got more than one year to obtain a caste certificate from the competent authority, as required under the advertisement itself. This, the petitioner did not do. Even if the statement of the petitioner is accepted that he was allowed 20 days time to produce the caste certificate, as required, he did not obtain any such 4 certificate from the competent authority and produce the same before the Commission. The certificate, which he claims to have obtained prior to publication of the result, is of Circle Officer, Patna which was clearly not entertainable by the Commission, as per the advertisement itself. If petitioner was striving to get himself appointed as Assistant Engineer (Civil), which is a responsible post, he was supposed to go through the advertisement carefully and comply with the requirements well in time. Admittedly, he did not do that till the date of publication of the result and only thereafter, not finding himself amongst successful candidates, he obtained a caste certificate from the office of S.D.O., as required by the advertisement and sent to the Commission. The result having been published prior to this, the Commission was not obliged to take into account the said certificate and consider the candidature of petitioner afresh as extremely backward 5 class candidate. Therefore, this Court does not find any merit in the writ application. The same is dismissed. BT (J. N. Singh, J.)