NDLI: Sweety Kumari Vs. The State of Bihar and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Bihar Civil Service (Judicial Branch) (Recruitment) Rules
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Issue for consideration: Whether the rejection of the candidatures of the appellants due to non-production of the original certifi cate at the time of interview by the Bihar Public Service Commission (BPSC) is justifi ed and what relief can be granted to the appellants. Bihar Civil Service (Judicial Branch) (Recruitment), Rules, 1955 – rr.7(b), 9 – Non-production of original certifi cate at the time of interview – Rejection of candidatures – Impermissible: Held: The language of the rules makes it clear that the production of the original certifi cates at the time of interview was not mandatory but directory – This is apparent from the language of second note to r.9 which uses the word “may be required to produce the originals before commission at the time of viva-voce test” – Further, even going by the advertisement, the certifi cates of educational qualifi cation and other required documents on the date of the submission of the online application form were to be necessarily possessed but their production was not mandatory – The factum of eligibility is diff erent from factum of proof thereof – If a person possesses eligibility before the date of actual selection, he cannot be denied benefi t because its proof is produced later – In the present case, the proof was available and true photocopies were on record – Appellants’ candidature could not have been rejected merely because the original was not produced before the Commission at the time of interview in particular when such requirement was not mandatory – Further, the case of appellants is at par with the case of Aarav Jain and other seven candidates who were appointed in furtherance of the judgment of this Court dated 23.05.2022 in Aarav Jain v. The Bihar Public Service Commission and Ors. Civil Appeal No. 4242 of 2022 wherein this Court had not accepted the plea taken by BPSC that production of original certifi cate was mandatory because the candidates possessed such certifi cates on the date of submission of the application form – No reason to deny similar benefi ts to the two appellants at par with Aarav Jain and seven other candidates – Thus, they cannot be discriminated by not granting relief merely because of non-availability of vacancies in the 30th Bihar Judicial Service Competitive Examination – Further, in SLP (Civil) No. 16749/2023, the appellant appeared in 31st Bihar Judicial Service Competitive Examination, and secured 501 marks, whereas cut off was 499 in EWS category therefore, the respondents to adjust one vacancy of EWS for the same examination or from the next examination and extend similar benefi ts to the said appellant, in view of the ratio of Aarav Jain – Impugned judgments set aside – Present judgment passed in the peculiar facts of the case. [Paras 14, 16-19, 22, 24, 27-29]
Judge	Hon'ble Mr. Justice J.K. Maheshwari
Neutral Citation	2023 INSC 853
Petitioner	Sweety Kumari
Respondent	The State Of Bihar And Others
SCR	[2023] 12 S.C.R. 556
Judgement Date	2023-09-22
Case Number	6072

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Sweety Kumari Vs. The State of Bihar and Others

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Sweety Kumari Vs. The State of Bihar and Others

Sweety Kumari Vs. The State of Bihar and Others

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