Failure to possess the requisite certificate before the cutoff date bars reserved-category consideration.

The petitioner applied for the post of Fisheries Development Officer under Advertisement No. 03/2021 under the EBC (Female) category. She secured 60.93% marks, whereas the cut-off for the EBC (Female) category was stated to be 54.37%.

She participated in counselling on 21 December 2021 but did not submit a valid Non-Creamy Layer Certificate issued before the prescribed cut-off date of 6 April 2021. Her name was consequently not included in the final selection list published on 18 July 2022.

The Bihar Technical Service Commission treated her candidature under the Unreserved (Female) category, for which the cut-off was 70 marks; since she had obtained 60.93% marks, she was not selected.

The petitioner invoked Article 226 of the Constitution, seeking inclusion in the final select list or sympathetic reconsideration on the ground that Covid-19 restrictions had prevented timely production of the certificate.

Whether the petitioner could claim consideration under the EBC (Female) category despite not possessing a Non-Creamy Layer Certificate issued before the advertisement-prescribed cut-off date of 6 April 2021.

Whether the Commission’s treatment of the petitioner’s candidature under the Unreserved (Female) category, resulting in her non-selection, was arbitrary or liable to interference under Article 226 of the Constitution.

Whether a certificate obtained or produced after the prescribed cut-off date could be accepted during the selection process on the ground of Covid-19-related circumstances.

The Court applied the mandatory eligibility condition contained in Advertisement No. 03/2021 requiring an EBC candidate to possess a valid Non-Creamy Layer Certificate issued before 6 April 2021.

A candidate who does not possess the requisite certificate before the prescribed cut-off date cannot claim a right or legitimate expectation that a subsequently issued certificate will be accepted during the selection process.

The Court relied on Ram Bahadur Singh v. The State of Bihar & Ors., CWJC No. 10926 of 2022, which affirmed this principle.

The Court further applied the limited scope of judicial review under Article 226, holding that no interference was warranted in the absence of illegality or arbitrariness in the Commission’s decision.

The Court treated it as admitted that the petitioner did not possess the requisite Non-Creamy Layer Certificate issued before 6 April 2021, notwithstanding her contention that she had produced a certificate at counselling and that Covid-19 restrictions had caused the delay.

Because the advertisement prescribed the relevant date as a mandatory eligibility requirement, her later certificate could not validate her claim to the EBC (Female) category.

The Commission therefore acted consistently with the advertisement and the rule stated in Ram Bahadur Singh by treating her candidature under the Unreserved (Female) category.

Since her 60.93% marks were below the Unreserved (Female) cut-off of 70 marks, her exclusion from the final select list did not disclose any legal infirmity warranting exercise of writ jurisdiction.

It held that, in the absence of a Non-Creamy Layer Certificate issued before the prescribed cut-off date, the petitioner could not claim selection under the EBC (Female) category.

The Commission was justified in treating her candidature under the Unreserved category, where her marks were below the applicable cut-off.

Finding no ground for interference under Article 226, the Court dismissed the writ petition.