Patna High Court canceled the decision of BPSC, said- because of this there is no ground to cancel the candidature for the job

  • | Saturday | 21st August, 2021

High Court said that his candidature cannot be canceled merely on the ground that the candidate did not produce the certificates issued by the University.

Patna High Court has ruled that failure to produce educational degree certificate during interview is not a ground for cancellation of candidature of a candidate for government job.

A division bench of Justice Chakradhari Sharan Singh quashed a decision of the Bihar Public Service Commission (BPSC) as unfair and untenable.

BPSC had canceled the candidature of at least 13 candidates because they had produced original certificates of engineering degree issued by their colleges during the interview.

Hearing the matter, the High Court said that his candidature cannot be canceled merely on the ground that the candidate did not produce the certificates issued by the University. The matter was heard on August 16 and the verdict was uploaded the next night.

Three candidates - Anamika Asan, Nishu Kumari and Vineet Kumar - had moved the high court last month. He had cleared the PT and Mains exam for recruitment as Assistant Engineer in various departments of the state government. They were called for interview but their names were not published in the final selection list.

Anamika Asan and Vineet Kumar studied at BIT Sindri, while Nishu passed out from Ram Govind Institute of Technology under Vinoba Bhave University in Hazaribagh, Jharkhand. They had submitted the provisional certificates issued by the institutes along with the application form. The petitioners urged the High Court to quash the final result published by BPSC on July 14 this year and issue a direction to republish the same considering their candidature as valid.

The court learned from the counter affidavit of BPSC that after interviewing eight more candidates, their candidature was canceled on the same ground. Advocate Harsh Singh, appearing for the petitioners, submitted that as per the norms of Vinoba Bhave University, provisional degree certificates are issued by the respective colleges under it and degrees are awarded during the convocation.

The court took judicial notice of the fact that convocations are not held in the university for years. Advocate Harsh Singh also submitted that the BPSC had accepted the provisional certificate issued by the colleges as a valid document during the old selection process in 2012.

Advocate General Lalit Kishor argued that the recruitment advertisement specifically mentioned that the candidates should have a qualifying degree from an Indian University and they were required to produce a certificate issued by them. Kishor said that on this ground the BPSC had rejected the candidature of the petitioners

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