AARAV JAIN versus THE BIHAR PUBLIC SERVICE COMMISSION & ORS.

AARAV JAIN versus THE BIHAR PUBLIC SERVICE COMMISSION & ORS.

Rejection of the eight candidates solely on the ground of not producing original certificates at the time of interview was improper and unjustified because self-attested copies were submitted and originals were produced shortly thereafter and none of the certificates were shown to be incorrect; therefore the Commission's decision dated 27.11.2019 and the impugned High Court judgments insofar as they concerned these appellants were set aside and the appellants were directed to be appointed/adjusted as per the availability of vacancies and employer discretion

Parties
Appellant: Aarav Jain; Appellant: Mayank Kumar Pandey; Appellant: Ashish Chandra; Appellant: Siddharth Sharma; Appellant: Sanjay Kumar Mishra; Appellant: Sumit Kumar; Appellant: Anita Kumar; Appellant: Anand Raj; Respondent: The Bihar Public Service Commission; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
23 May 2022
Procedural Posture
Civil Appeal / Appeal From Patna High Court Judgment
Outcome
Appeals allowed
Legal Topics
Recruitment, Cancellation of Candidature, Document Verification, Reservation/category Wise Vacancies
Service Law Administrative Law Recruitment Cancellation of Candidature Document Verification Reservation/category Wise Vacancies

Case Brief

Summary, issues, holding and outcome

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Parties

Aarav Jain

Appellant

Mayank Kumar Pandey

Appellant

Ashish Chandra

Appellant

Siddharth Sharma

Appellant

Sanjay Kumar Mishra

Appellant

Sumit Kumar

Appellant

Anita Kumar

Appellant

Anand Raj

Appellant

The Bihar Public Service Commission

Respondent

State of Bihar

Respondent

Procedural Posture

Civil Appeal / Appeal From Patna High Court Judgment

Legal Issues

  1. 1 Whether rejection of candidature for non-production of original certificates at the time of interview was justified where self-attested copies were submitted and originals were produced shortly thereafter
  2. 2 Whether appellants who scored higher marks than last selected candidates could be adjusted against available or future vacancies
  3. 3 Whether failure to produce originals at interview, without any finding that certificates were incorrect, is a fatal infirmity

Ratio Decidendi

Rejection of the eight candidates solely on the ground of not producing original certificates at the time of interview was improper and unjustified because self-attested copies were submitted and originals were produced shortly thereafter and none of the certificates were shown to be incorrect; therefore the Commission's decision dated 27.11.2019 and the impugned High Court judgments insofar as they concerned these appellants were set aside and the appellants were directed to be appointed/adjusted as per the availability of vacancies and employer discretion

Court Disposition

Appeals allowed

Orders

  • Impugned decision of the Bihar Public Service Commission dated 27.11.2019 qua these appellants set aside
  • Impugned judgments of the Patna High Court set aside insofar as they relate to these appellants