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SC Sets Aside BPSC’s Rejection Of 8 Candidates For Not Producing Original Certificates

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bpsc Law Insider

Shivani Thakur

Published on: May 24, 2022 at 20:48 IST

The Supreme Court has set aside the decision of Bihar Public Service Commission to reject the applications of 8 candidates to the post of Civil Judge (Junior Division) on the ground that they had not produced the originals of their certificates at the time of interviews.

The Bench passed the order taking note of the fact that these candidates had scored higher marks than last selected candidate, and that no one had a case that the particulars furnished by them were incorrect.

The Bench comprising Justices S Abdul Nazeer and Vikram Nath states, “Considering the facts and circumstances of the case, without entering into the respective argument we are of the considered view that the rejection of the candidates was improper, unjustified and not warranted.”

“We have also taken note of the fact that there are vacancies available, which if filled up by meritorious candidates would only be an asset for the institution helping in disposal of cases pending in huge numbers”, the Supreme Court observed.

The Supreme Court further directed that five candidates of the unreserved categories may be adjusted against present vacancies.

The Court made it clear that the order would not affect the appointment/selection of already serving Judicial officers appointed against the notification of 2018.

The appeals are accordingly allowed as above. The impugned decision of the Commission dated 27.11.2019 qua these appellants and the impugned judgments of the High Court are set aside. There shall be no order as to costs”, the Court stated.

The Patna High Court had earlier rejected the Writ Petitions of these candidates accepting the stand of the Commission that the condition to produce originals was clearly specified in the notification and that the same cannot be relaxed.