Dr. Nutan Indwar @ Nutan Indwar vs The State Of Jharkhand on 7 May, 2026

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    Jharkhand High Court

    Dr. Nutan Indwar @ Nutan Indwar vs The State Of Jharkhand on 7 May, 2026

    Author: Rajesh Shankar

    Bench: Rajesh Shankar

                                                2026:JHHC:13599-DB
    
    
    
    
          IN THE HIGH COURT OF JHARKHAND AT RANCHI
    
                       L.P.A. No. 64 of 2020
    
                                 ---
    
    Dr. Nutan Indwar @ Nutan Indwar, D/o Sukru Kharia, R/o New
    Area, Near Jogo Pahar, Morabadi, P.O. Morabadi, P.S. Bariatu,
    District Ranchi, Jharkhand.
                                         ...     ...     Appellant
                               -versus-
    1. The State of Jharkhand.
    2. The Secretary, Health, Medical Education and Family Welfare
    Department, Govt. of Jharkhand, having its Office at Nepal
    House, P.O. And P.S. Doranda, District- Ranchi, Jharkhand.
    3. Jharkhand Public Service Commission, through its Chairman,
    Circular Road, Ranchi, P.O. & P.S. Sadar, District- Ranchi.
    4. Secretary, Jharkhand Public Service Commission, Circular
    Road, Ranchi, P.O. & P.S. Sadar, District Ranchi.
    5. Dr. Swati Murmu, C/o Principal Secretary, Road Construction
    Department, Government of Jharkhand, Ranchi
    6. Dr. Pooja Samanta, C/o Secretary, Department of Health,
    Medical Education and Family Welfare, Government of
    Jharkhand, Ranchi
    7. Dr. Raja Babu Hembram, C/o Secretary, Department of Health,
    Medical Education and Family Welfare, Government of
    Jharkhand, Ranchi
    8. Sumitra Hansda, C/o Secretary, Department of Health, Medical
    Education and Family Welfare, Government of Jharkhand,
    Ranchi
                                         ...     ...     Respondents
                                  WITH
                          L.P.A. No. 49 of 2020
                                   ----
    Ms. Sabita Kumari, daughter of Naresh Yadav, resident of
    Govind Nagar, Kamre, Ratu Road, PO Kamre, PS Ratu, Town
    & District Ranchi (Jharkhand).
                                         ...     ...     Appellant
                               -versus-
    1. The State of Jharkhand.
    2. The Principal Secretary, Department of Home, Project
    Building, PO Dhurwa, PS Jagarnathpur, Town & District Ranchi
    (Jharkhand).
    3. The I.G. Prison, PO & PS Dhurwa, Jharkhand, Ranchi.
    4. Jharkhand Staff Selection Commission, through its Secretary,
    having Office at Kali Nagar, Chai Bagan, PO & PS Namkom,
    Town & District Ranchi (Jharkhand).
    5. The Controller of Examination, Jharkhand Staff Selection
    Commission, having Office at Kali Nagar, Chai Bagan, PO & PS
    Namkom, Town & District Ranchi (Jharkhand).
                                         ...     ...     Respondents
    
    
    
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                           WITH
                        L.P.A. No. 74 of 2020
                                  ----
    1. Subhash Sharma, son of Ishwar Sharma, resident of
       Village Muandu Tan Ward No.28, PO & PS Jhumri Tilaiya
       District- Koderma.
    2. Rupesh Kumar Yadav, son of Parmeshwar Yadav,
       Resident of Tonkala, PO Jarhi, Police Station Dondari,
       District Garhwa.
    3. Nitesh Kumar Mandal, son of Bhola Mandal, resident of
       Village Margadih, PO Ratabihiyar, PS Gandey, District
       Giridih.
    4. Ajay Kumar Bhogta, son of Kamlesh Ganjhu, R/o Village
       Kakodih, PO Sanji, PS Ghatotand, Dist. Ramgarh.
    5. Arun Kumar, son of Nemchand Saw, resident of Village
       Kalhabad, PO & PS Barkatha, District- Hazaribagh.
                                       ...     ...    Appellants
                              -versus-
    1. The State of Jharkhand through the Secretary, Department
       of Home, Jail and Disaster Management having its Office
       at 1st Floor, Project Bhawan, PO PS Dhurwa, Dist. Ranchi.
    2. Deputy Inspector General of Police having its Office at
       HEC Administrative Building, PO PS Dhurwa, Dist. Ranchi.
    3. Jharkhand Staff Selection Commission through its
       Secretary, having its Office at Chaibagan, Kalinagar, PO
       PS Namkom, Dist. Ranchi.
    4. Controller of Examination, Jharkhand Staff Selection
       Commission, having its office at Chaibagan, Kalinagar, PO
       PS Namkom, Dist. Ranchi.
                                       ...     ...    Respondents
                                  WITH
                        L.P.A. No. 76 of 2020
                                  ----
    1. Pawan Kumar Sahu, son of Dinesh Prasad Sahu, resident
       of Dak Bunglow Road, Road No.2, PO PS Khunti, Dist.
       Khunti, Jharkhand.
    2. Jitendra Gop, son of Manmath Gop, resident of village
       Sasia, PO Ettam, PS Basia, Dist. Gumla, Jharkhand.
    3. Sanjay Kumar, son of Lalo Saw, resident of Jado Babu
       Chowk, PO PS Boddom Bazar, Dist. Hazaribagh
       Jharkhand.
    4. Janmejay Kumar, son of Jagdish Ram Kewat, resident of
       Kaparkatta Tand Main Road, Chitarpur, PO PS Chitarpur,
       Dist. Ramgarh, Jharkhand 825101.
    5. Rajdeep Yadav, son of Krishna Yadav, resident of House
       No.24, Bharajo, PO Bharajo, PS Hazaribagh, Dist.
       Hazaribagh, Jharkhand.
    6. Arbind Kumar, son of Prameshwar Prasad, resident of
       Kesra, PO PS Tatijharia, Dist. Hazaribagh, Jharkhand.
                                       ...     ...    Appellants
    
    
    
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                                              2026:JHHC:13599-DB
    
    
    
    
                              -versus-
    1. The State of Jharkhand through the Secretary, Department
       of Home, Jail and Disaster Management having its Office
       at 1st Floor, Project Bhawan, PO PS Dhurwa, Dist. Ranchi.
    2. Deputy Inspector General of Police, having Office at HEC
       Administrative Building, PO PS Dhurwa, Dist. Ranchi.
    3. Jharkhand Staff Selection Commission through its
       Secretary, having Office at Chaibagan, Kalinagar, PO PS
       Namkom, Dist. Ranchi.
    4. Controller of Examination, Jharkhand Staff Selection
       Commission, having Office at Chaibagan, Kalinagar, PO
       PS Namkom, Dist. Ranchi.
    5. Deepak Kumar, son of Bechan Saw
    6. Maghnath Mandal, son of Phani Bhushan Mandal
    7. Pramod Kumar Mahto, son of Ramnaresh Mahto
    8. Sudhir Kumar Yadav, son of Baleshwar Gope
    9. Rajesh Ranjan, son of Surendra Prasad Bhagat
    10. Sumit Saurabh, son of Shiv Shankar Prasad, resident of
    Traport Gali, PO PS Jhumri Tilaiya, Dist. Koderma.
                                       ...     ...    Respondents
                                  WITH
                        L.P.A. No. 77 of 2020
                                  ----
    1. Pradeep Kumar Mahto son of Jagdeo Mahto, resident of
       Village Chano, PO Gossaibaliya, PS Barkagaon, Dist.
       Hazaribag.
    2. Akhilesh Kumar son of Amrit Prasad Yadav, resident of PO
       Gumgi, PS Tisri, Dist. Giridih.
    3. Sikandar Alam son of Aftab Alam, resident of Latehar, PO
       & PS- Latehar, District- Latehar
    4. Sanjeet Rana son of Ramchchandra Rana, resident of
       village Pipradih, PO Nowadih, PS Markacho, Dist.
       Koderma.
    5. Yugesh Prasad son of Haricharan Saw resident of PO
       Marbar, PS Mandu, Dist. Ramgarh.
    6. Nitish Kumar son of Sunil Prasad, resident of PO Lari, PS
       Rajrappa Project, Dist. Ramgarh.
    7. Meenakshi Kumari, daughter of Narendra Kumar, resident
       of Bhurkunda, PO PS Bhurkunda, Dist. Ramgarh.
                                       ...     ...    Appellants
                              -versus-
    1. The State of Jharkhand through the Secretary, Department
       of Home, Jail and Disaster Management, having Office at
       1st Floor, Project Bhawan, PO PS Dhurwa, Dist. Ranchi.
    2. Deputy Inspector General of Police, having Office at HEC
       Administrative Building, PO PS Dhurwa, Dist. Ranchi.
    3. Jharkhand Staff Selection Commission through Secretary,
       having Office at Chaibagan, Kalinagar, PO PS Namkom,
       Dist. Ranchi.
    4. Controller of Examination, Jharkhand Staff Selection
       Commission, having Office at Chaibagan, Kalinagar, PO
       PS Namkom, Dist. Ranchi.
    
    
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                                                2026:JHHC:13599-DB
    
    
    
    
    5. Saroj Kumar, Sub-Inspector of Police through the
       Secretary, Department of Home, Jail and Disaster
       Management, Government of Jharkhand, Ranchi
    6. Meenketan Kumar, Sub-Inspector of Police through the
       Secretary, Department of Home, Jail and Disaster
       Management, Government of Jharkhand, Ranchi
    7. Saawan Kumar, Sub-Inspector of Police through the
       Secretary, Department of Home, Jail and Disaster
       Management, Government of Jharkhand, Ranchi
    8. Vishwajeet Tumbli, Sub-Inspector of Police through the
       Secretary, Department of Home, Jail and Disaster
       Management, Government of Jharkhand, Ranchi
    9. Rakesh Kumar Mahto, Sub-Inspector of Police through the
       Secretary, Department of Home, Jail and Disaster
       Management, Government of Jharkhand, Ranchi
    10. Ashish Kumar, Sub-Inspector of Police through the
    Secretary, Department of Home, Jail and Disaster
    Management, Government of Jharkhand, Ranchi
    11. Vinay Kumar Saw, Sub-Inspector of Police through the
    Secretary, Department of Home, Jail and Disaster
    Management, Government of Jharkhand, Ranchi
    12. Birendra Sharma, Sub-Inspector of Police through the
    Secretary, Department of Home, Jail and Disaster
    Management, Government of Jharkhand, Ranchi
    13. Suraj Chail, Sub-Inspector of Police through the Secretary,
    Department of Home, Jail and Disaster Management,
    Government of Jharkhand, Ranchi
    14. Satish Kumar, Sub-Inspector of Police through the
    Secretary, Department of Home, Jail and Disaster
    Management, Government of Jharkhand, Ranchi
    15. Rajesh Kumar, Sub-Inspector of Police through the
    Secretary, Department of Home, Jail and Disaster
    Management, Government of Jharkhand, Ranchi
    16. Ramdew Das, Sub-Inspector of Police through the
    Secretary, Department of Home, Jail and Disaster
    Management, Government of Jharkhand, Ranchi
    17. Kabindra Kumar Poddar, Sub-Inspector of Police through
    the Secretary, Department of Home, Jail and Disaster
    Management, Government of Jharkhand, Ranchi
    18. Anil Kumar Yadav, Sub-Inspector of Police through the
    Secretary, Department of Home, Jail and Disaster
    Management, Government of Jharkhand, Ranchi
    19. Bipin Kumar Yadav, Sub-Inspector of Police through the
    Secretary, Department of Home, Jail and Disaster
    Management, Government of Jharkhand, Ranchi
    20. Gaurav Bhagat, Sub-Inspector of Police through the
    Secretary, Department of Home, Jail and Disaster
    Management, Government of Jharkhand, Ranchi
    21. Sikendar Yadav, Sub-Inspector of Police through the
    Secretary, Department of Home, Jail and Disaster
    Management, Government of Jharkhand, Ranchi
    
    
    
    
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    22. Chhotoo Kumar, Sub-Inspector of Police through the
    Secretary, Department of Home, Jail and Disaster
    Management, Government of Jharkhand, Ranchi
    23. Sanjay Kumar Yadav, Sub-Inspector of Police through the
    Secretary, Department of Home, Jail and Disaster
    Management, Government of Jharkhand, Ranchi
    24. Krishna Kumar Gupta, Sub-Inspector of Police through the
    Secretary, Department of Home, Jail and Disaster
    Management, Government of Jharkhand, Ranchi
    
                                     ...     ...      Respondents
                                  WITH
                        L.P.A. No. 87 of 2020
                                  ----
    Sharvan Kumar son of Virendra Paswan, resident of Village
    Nawadih Panari, P.S. Hunterganj District Chatra, Jharkhand.
                                  ...    ...     Appellant
                              -versus-
    1. The State of Jharkhand through the Secretary, Department
        of Home, Jail and Disaster Management, having Office at
        1st Floor, Project Bhawan, PO PS Dhurwa, Dist. Ranchi.
    2. Deputy Inspector General of Police, having Office at HEC
        Administrative Building, PO PS Dhurwa, Dist. Ranchi.
    3. Jharkhand Staff Selection Commission through Secretary,
        having Office at Chaibagan, Kalinagar, PO PS Namkom,
        Dist. Ranchi.
    4. Controller of Examination, Jharkhand Staff Selection
        Commission, having Office at Chaibagan, Kalinagar, PO
        PS Namkom, Dist. Ranchi.
    5. Abhishek Kumar, son of Pradeep Kumar Rajak
    6. Anup Kumar, son of Kapil Dev Rajak
    7. Ajay Rajak, son of Suresh Rajak
    8. Gopal Kumar, son of Ratan Rajwar
    9. Deepak Rajak, son of Naresh Ram
                                       ...     ...    Respondents
                                  WITH
                        L.P.A. No. 88 of 2020
                                  ----
    Prity Kachhap D/o Tijeshwar Bhagat, resident of Village
    Chaukani, PO Hesway, PS Sneha Thana, Dist- Lohardaga
    (Jharkhand)
                                       ...     ...    Appellant
                              -versus-
    1. The State of Jharkhand through the Secretary, Department
        of Home, Jail and Disaster Management, having Office at
        1st Floor, Project Bhawan, PO PS Dhurwa, Dist. Ranchi.
    2. Deputy Inspector General of Police, having Office at HEC
        Administrative Building, PO PS Dhurwa, Dist. Ranchi.
    3. Jharkhand Staff Selection Commission through Secretary,
        having Office at Chaibagan, Kalinagar, PO PS Namkom,
        Dist. Ranchi.
    
    
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    4. Controller of Examination, Jharkhand Staff Selection
       Commission, having Office at Chaibagan, Kalinagar, PO
       PS Namkom, Dist. Ranchi.
    5. Sunila Linda daughter of Narsingh Oraon
    6. Meera Lakra, daughter of Sukra Lakra
    7. Shobha Toppo, daughter of Bisheshwar Toppo
    8. Sabitri Kachhap, daughter of Somra Kachhap
    9. Sujata Minj, daughter of Bishram Minj
                                        ...    ...   Respondents
                                   WITH
                        L.P.A. No. 92 of 2020
                                   ----
    1. Sanjay Kumar son of Satish Ram resident of Village Itki PO
       PS Itki Dist Ranchi.
    2. Ameet Singh son of Ramdhari Yadav, resident of Village
       Bhadauli, PO Sisai, PS Sisai, Dist Gumla.
    3. Vikash Kumar Pandit son of Raj Kumar, resident of Village
       Itki, PO PS Itki, Dist. Ranchi.
                                        ...    ...   Appellants
                               -versus-
    1. The State of Jharkhand through the Secretary, Department
       of Home, Jail and Disaster Management, having Office at
       1st Floor, Project Bhawan, PO PS Dhurwa, Dist. Ranchi.
    2. Deputy Inspector General of Police, having Office at HEC
       Administrative Building, PO PS Dhurwa, Dist. Ranchi.
    3. Jharkhand Staff Selection Commission through Secretary,
       having Office at Chaibagan, Kalinagar, PO PS Namkom,
       Dist. Ranchi.
    4. Controller of Examination, Jharkhand Staff Selection
       Commission, having Office at Chaibagan, Kalinagar, PO
       PS Namkom, Dist. Ranchi
    5. Sunny Kumar Sunny, son of Bindeshwari Das
    6. Ajay Kumar Ravidas, son of Jagdish Ravidas
    7. Vivek Vishal, son of Shashi Bhushan Rajak
    8. Anil Kumar Yada, son of Naijnath Yadav
    9. Vikash Kumar, son of Arvind Prasad Yadav
                                        ...    ...   Respondents
                                   WITH
                       L.P.A. No. 103 of 2020
                                   ----
       Ganesh Shankar Mahto son of Kanhu Kishore Mahato,
       resident of Village Riding PO Kharsawan, PS Kharsawan,
       Dist. Saraikela Kharsawan, Jharkhand.
                                        ...    ...   Appellant
                               -versus-
    1. The State of Jharkhand through the Secretary, Department
       of Home, Jail and Disaster Management, having Office at
       1st Floor, Project Bhawan, PO PS Dhurwa, Dist. Ranchi.
    2. Deputy Inspector General of Police, having Office at HEC
       Administrative Building, PO PS Dhurwa, Dist. Ranchi.
    
    
    
    
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    3. Jharkhand Staff Selection Commission through Secretary,
       having Office at Chaibagan, Kalinagar, PO PS Namkom,
       Dist. Ranchi.
    4. Controller of Examination, Jharkhand Staff Selection
       Commission, having Office at Chaibagan, Kalinagar, PO
       PS Namkom, Dist. Ranchi.
                                       ...    ...    Respondents
                                 WITH
                       L.P.A. No. 104 of 2020
                                 ----
       Rashmi Oraon daughter of Late Puran Oraon, resident of
       New Police Line Kanke Road, PO Ranchi University, PS
       Gonda, District Ranchi, Jharkhand.
                                       ...    ...    Appellant
                             -versus-
    1. The State of Jharkhand through the Secretary, Department
       of Home, Jail and Disaster Management, having Office at
       1st Floor, Project Bhawan, PO PS Dhurwa, Dist. Ranchi.
    2. Deputy Inspector General of Police, having Office at HEC
       Administrative Building, PO PS Dhurwa, Dist. Ranchi.
    3. Jharkhand Staff Selection Commission through Secretary,
       having Office at Chaibagan, Kalinagar, PO PS Namkom,
       Dist. Ranchi.
    4. Controller of Examination, Jharkhand Staff Selection
       Commission, having Office at Chaibagan, Kalinagar, PO
       PS Namkom, Dist. Ranchi.
    5. Sunila Linda
    6. Meera Lakra
    7. Sobha Toppo
    8. Sabitri Kachhap
    9. Sujata Minz
                                       ...    ...    Respondents
                                 WITH
                       L.P.A. No. 105 of 2020
                                 ----
    Md. Parwez Hussain, son of Md. Zahir Hussain, resident of
    Nazir Ali Lane, Lower Bazar, PO Church Road, PS Lower
    Bazar, Dist. Ranchi, Jharkhand.
                                       ...    ...    Appellant
                             -versus-
    1. The State of Jharkhand through the Secretary, Department
       of Home, Jail and Disaster Management, having Office at
       1st Floor, Project Bhawan, PO PS Dhurwa, Dist. Ranchi.
    2. Deputy Inspector General of Police, having Office at HEC
       Administrative Building, PO PS Dhurwa, Dist. Ranchi.
    3. Jharkhand Staff Selection Commission through Secretary,
       having Office at Chaibagan, Kalinagar, PO PS Namkom,
       Dist. Ranchi.
    4. Controller of Examination, Jharkhand Staff Selection
       Commission, having Office at Chaibagan, Kalinagar, PO
       PS Namkom, Dist. Ranchi ...            ...    Respondents
    
    
    
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                                WITH
                     L.P.A. No. 114 of 2020
                                ----
    1. Anshika Priya daughter of Late Vinod Yadav, resident of
       Bara Bazar Gwaltoli, PO Hazaribag and PS Sadar, District
       Hazaribagh, Jharkhand.
    2. Devendra Kumar S/o Rajendra Prasad Saw, resident of
       Mango Chowk, PO Tupkadih, PS Balidih, District Bokaro,
       Jharkhand.
    3. Manoj Mahato son of Akhileshwar Mahato, resident of
       Village Manjhiladih, PO Birajpur, PS Barwadda, District
       Dhanbad, Jharkhand.
    4. Sugandha Verma D/o Sahdeo Verma, resident of Village
       Okni, PO Hazaribag and PS Sadar and District
       Hazaribagh, Jharkhand.
    5. Kumar Gaurav S/o Puran Prasad Singh, resident of village
       Jamua, PO Sabejor and PS Sarath and District Deoghar,
       Jharkhand.
    6. Niharika Singh D/o Lalan Singh, resident of village
       Kalimanda Shiblibari Middle, PO Kumardhubi and PS
       Chirkunda, District Dhanbad, Jharkhand.
                                         ... ...      Appellants
                            -versus-
    1. The State of Jharkhand
    2. The Principal Secretary, Department of Health, Medical
       Education and Family Welfare, Govt. of Jharkhand, Nepal
       House, PO and PS Doranda, District Ranchi, Jharkhand.
    3. The Secretary, Jharkhand Public Service Commission,
       Circular Road, PO and PS Lalpur, District Ranchi.
    4. The Controller of Examination, Jharkhand Public Service
       Commission, Circular Road, PO PS Lalpur, District Ranchi.
    5. Sana Azam D/o Fakhar Azam Ansari, resident of village
       Jamshedpur, PO Jugsalai and PS Jugsalai and District
       Jamshedpur, Jharkhand.
    6. Shruti Priyanka W/o Madan Kumar Sah, resident of village
       Bhatdiha, PO Godda and PS Godda District Godda,
       Jharkhand.
                                         ... ...      Respondents
                                WITH
                     L.P.A. No. 115 of 2020
                                    ----
    1. Manoj Kumar Gupta son of Late Jagdish Prasad Gupta,
       resident of 1637 New Road, Meghdoot Sweets, PO
       Phusro, PS Bermo, Dist. Bokaro, Jharkhand.
    2. Sandhya Kumari Daughter of Rajendra Prasad Gupta,
       resident of Suryavihar Colony, Prathmesh Apartment,
       Galin No.5, Flat No.1 (A) Bartand, PS Dhaiya, Dist.
       Dhanbad, Jharkhand.
                                         ... ...      Appellants
                            -versus-
    
    
    
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    1. The State of Jharkhand through the Director, Primary
       Secondary & Higher Education, Government of Jharkhand,
       having Office at Project Building, PO PO Dhurwa, Dist.
       Ranchi, Jharkhand.
    2. The Secretary, Primary Secondary & Higher Education,
       Government of Jharkhand, having Office at Project
       Building, PO PO Dhurwa, Dist. Ranchi, Jharkhand.
    3. Jharkhand Staff Selection Commission through Chairman,
       having Office at Namkum, PO PS Namkum, Dist. Ranchi.
    4. Jharkhand Staff Selection Commission, through its
       Controller of Examination, having Office at Namkum, PO
       PS Namkum, Dist. Ranchi.
                                      ...    ...     Respondents
                                WITH
                      L.P.A. No. 117 of 2020
                                ----
       Neha Noopur D/o A.K. Rajak, W/o Bikash Kumar, R/o
       Opposite SBI Customer Care, Telidih Road, PO
       Narayanpur, PS Chas, District Bokaro, Jharkhand 827013.
                                      ...    ...     Appellant
                            -versus-
    1. The State of Jharkhand.
    2. The Secretary, Jharkhand Public Service Commission,
       Ranchi, Circular Road, PO GPO, Ranchi 834001
    3. Pooja Kumari
    4. Kumar Arnav Swaroop
    5. Preeti Kumari
    6. Avinash Kumar Harza
                                      ...    ...     Respondents
                                WITH
                      L.P.A. No. 125 of 2020
                                ----
      Kushma Kumari S/o Shri Mohan Gope, resident of Village
      Nawagarh Serka, PO and PS Bishunpur, District Gumla.
                                      ...    ...     Appellant
                            -versus-
    1. The State of Jharkhand through its Chief Secretary,
       Government of Jharkhand, Project Bhawan, Dhurwa,
       Ranchi, PO PS Dhurwa, District Ranchi.
    2. Department of Human Resource and Development,
       through its Principal Secretary, having Office at Project
       Bhawan, PO PS Dhurwa, District Ranchi.
    3. Jharkhand Staff Selection Commission through Secretary,
       having Office at Chaibagan, Kalinagar, PO PS Namkom,
       Dist. Ranchi.
    4. Controller of Examination, Jharkhand Staff Selection
       Commission, having Office at Chaibagan, Kalinagar, PO
       PS Namkom, Dist. Ranchi
    5. Prabhat Ranjan
    6. Rajiv Singh
    7. Subhash Arya                   ...    ...     Respondents
    
    
    
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                                WITH
                     L.P.A. No. 126 of 2020
                                ----
    Kumari Punam Jyoti D/o Shri Krishna Deo Prasad, resident of
    Village Kesda, Tatijharia, Bishnugarh, PO PS Tatijharia,
    District Hazaribagh.
                                     ...     ...    Appellant
                            -versus-
    1. The State of Jharkhand through its Chief Secretary,
       Government of Jharkhand, Project Bhawan, Dhurwa,
       Ranchi, PO PS Dhurwa, District Ranchi.
    2. Department of Human Resource and Development,
       through its Principal Secretary, having Office at Project
       Bhawan, PO PS Dhurwa, District Ranchi.
    3. Jharkhand Staff Selection Commission through Secretary,
       having Office at Chaibagan, Kalinagar, PO PS Namkom,
       Dist. Ranchi.
    4. The Controller of Examination, Jharkhand Staff Selection
       Commission, having Office at Chaibagan, Kalinagar, PO
       PS Namkom, Dist. Ranchi
    5. Ravi Shankar
    6. Vikas Kumar
    7. Birendra Prasad
                                     ...     ...    Respondents
                                WITH
                     L.P.A. No. 127 of 2020
                                ----
    Neha Kumari D/o Shri Om Prakash, resident of Village
    Bhendra, Nawadih, PO Bhendra, PS Nawadih, District
    Bokaro.
                                     ...     ...    Appellant
                            -versus-
    1. The State of Jharkhand through its Chief Secretary,
       Government of Jharkhand, Project Bhawan, Dhurwa,
       Ranchi, PO PS Dhurwa, District Ranchi.
    2. Department of Human Resource and Development,
       through its Principal Secretary, having Office at Project
       Bhawan, PO PS Dhurwa, District Ranchi.
    3. Jharkhand Staff Selection Commission through Secretary,
       having Office at Chaibagan, Kalinagar, PO PS Namkom,
       Dist. Ranchi.
    4. Controller of Examination, Jharkhand Staff Selection
       Commission, having Office at Chaibagan, Kalinagar, PO
       PS Namkom, District Ranchi.
    5. Indu Kumari
    6. Santosh Kumar Yadav
    7. Rakesh Ranjan
                                     ...     ...    Respondents
                                WITH
    
    
    
    
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                     L.P.A. No. 128 of 2020
                                ----
    Saheb Ali son of Shri Akbar Ali, resident of Village Karnal
    Market, PO PS Marafari, District Bokaro (Jharkhand).
                                     ...     ...     Appellant
                            -versus-
    1. The State of Jharkhand through its Chief Secretary,
       Government of Jharkhand, Project Bhawan, Dhurwa,
       Ranchi, PO PS Dhurwa, District Ranchi.
    2. Secretary, Department of Home, Jail and Disaster
       Management, having Office at 1st Floor, Project Bhawan,
       PO PS Dhurwa, District Ranchi.
    3. Deputy Inspector General of Police, Office at HEC
       Administrative Building, PO PS Dhurwa, District Ranchi.
    4. Jharkhand Staff Selection Commission through its
       Secretary having Office at Chaibagan, Kalinagar, PO PS
       Namkom, District Ranchi.
    5. Controller of Examination, Jharkhand Staff Selection
       Commission, having Office at Chaibagan, Kalinagar, PO
       PS Namkom, Dist. Ranchi
    6. Pankaj Sinduria
    7. Mahesh Kumar
    8. Suraj Chail                   ...     ...     Respondents
                                WITH
                     L.P.A. No. 133 of 2020
    Sunny Kumar Verma son of Krishna Nandan Verma, resident
    of Dr. Rajendra Prasad Road, Castair Town, Subhash
    Chowk, PO PS Castair Town, District Deoghar, Jharkhand.
                                      ...    ...     Appellant
                             -versus-
    1. The State of Jharkhand through the Secretary, Department
       of Home, Jail and Disaster Management, having Office at
       1st Floor, Project Bhawan, PO PS Dhurwa, Dist. Ranchi.
    2. Deputy Inspector General of Police, having Office at HEC
       Administrative Building, PO PS Dhurwa, Dist. Ranchi.
    3. Jharkhand Staff Selection Commission through Secretary,
       having Office at Chaibagan, Kalinagar, PO PS Namkom,
       Dist. Ranchi.
    4. Controller of Examination, Jharkhand Staff Selection
       Commission, having Office at Chaibagan, Kalinagar, PO
       PS Namkom, Dist. Ranchi        ...    ...     Respondents
                                 WITH
    
                     L.P.A. No. 183 of 2020
                                 ----
    1. Raju Kumar Choudhari son of Raghunath Mahto, resident
       of Kapilo, PO PS Suriya, District Giridih (Jharkhand).
    2. Sanjay Kumar Sahu son of Gopi Chand Sahu, resident of
       Rangamati, PO Roshanatunda (Isri Bazar), PS
       Nimiyaghat, District Giridih (Jharkhand).
                                       ...     ...      Appellants
    
    
    
                               11
                                             2026:JHHC:13599-DB
    
    
    
    
                            -versus-
    1. The State of Jharkhand through its Chief Secretary,
       Government of Jharkhand, Project Bhawan, Dhurwa,
       Ranchi, PO PS Dhurwa, District Ranchi.
    2. Secretary, Department of Home, Jail and Disaster
       Management having Office at 1st Floor, Project Bhawan,
       PO PS Dhurwa, District Ranchi.
    3. Deputy Inspector General of Police, having Office at HEC
       Administrative Building, PO PS Dhurwa, Dist. Ranchi.
    4. Jharkhand Staff Selection Commission through Secretary,
       having Office at Chaibagan, Kalinagar, PO PS Namkom,
       Dist. Ranchi.
    5. Controller of Examination, Jharkhand Staff Selection
       Commission, having Office at Chaibagan, Kalinagar, PO
       PS Namkom, Dist. Ranchi
    6. Ashish Kumar
    7. Rakesh Kumar Mahato
    8. Vishwajeet Tumbli
                                     ...     ...     Respondents
                                WITH
                     L.P.A. No. 193 of 2020
                                ----
    Pankaj Das son of Shri Om Prakash Das, resident of
    Vivekanand Nagar, Nichitpur, PO PS Katras Bazar, District
    Dhanbad (Jharkhand).             ...     ...     Appellant
                            -versus-
    1. The State of Jharkhand through its Chief Secretary,
       Government of Jharkhand, Project Bhawan, Dhurwa,
       Ranchi, PO PS Dhurwa, District Ranchi.
    2. Secretary, Department of Home, Jail and Disaster
       Management, having Office at 1st Floor, Project Bhawan,
       PO PS Dhurwa, District Ranchi.
    3. Deputy Inspector General of Police, having Office at HEC
       Administrative Building, PO PS Dhurwa, District Ranchi.
    4. Jharkhand Staff Selection Commission through Secretary,
       having Office at Chaibagan, Kalinagar, PO PS Namkom,
       Dist. Ranchi.
    5. Controller of Examination, Jharkhand Staff Selection
       Commission, having Office at Chaibagan, Kalinagar, PO
       PS Namkom, Dist. Ranchi.
    6. Saawan Kumar Sahu
    7. Vinay Kumar Saw
    8. Birendra Sharma          ...    ...     Respondents
                                WITH
                     L.P.A. No. 266 of 2020
                                ----
    Sonu Priya daughter of Sri Rajendra Prasad, resident of 8,
    Tupudana, PO Hatia, PS Dhurwa, District Ranchi
    (Jharkhand).
                                     ...     ...     Appellant
                            -versus-
    
    
    
                               12
                                                       2026:JHHC:13599-DB
    
    
    
    
       1. The State of Jharkhand through the Secretary, Department
          of Personnel, Administrative Reforms and Rajbhasa, Govt.
          of Jharkhand, Project Building, PO Dhurwa, PS
          Jagannathpur, Ranchi, Jharkhand.
       2. Secretary, Department of Personnel, Administrative
          Reforms and Rajbhasa, Govt. of Jharkhand, Project
          Building, PO Dhurwa, PS Jagannathpur, Ranchi,
          Jharkhand.
       3. Jharkhand Staff Selection Commission through Secretary,
          Kalinagar, Chhay Bagan, PO PS Namkum, Ranchi,
          Jharkhand.
       4. Secretary, Jharkhand Staff Selection Commission,
          Kalinagar, Chaay Bagan, PO PS Namkum, Ranchi,
          Jharkhand.
       5. Examination Controller, Jharkhand Staff Selection
          Commission, Kalinagar, Chaay Bagan, PO PS Namkum,
          Ranchi, Jharkhand.            ...     ...     Respondents
                                  ---
    CORAM:          HON'BLE THE CHIEF JUSTICE
                HON'BLE MR. JUSTICE RAJESH SHANKAR
                                  ---
    For the Appellants:    Mr. Krishna Murari, Advocate
                           Mr. Rajvardhan, Advocate
                           Mr. Ritesh Pathak, Advocate
                           Mr. Deb Nandan Dubey, Advocate
                           Mr. Mukesh Kumar Dubey, Advocate
                                          [L.P.A. Nos. 64 & 117 of 2020]
                           Mr. Manoj Tandon, Advocate
                           Mr. Sidhharth Ranjan, Advocate
                           Ms. Neha Bhardwaj, Advocate
                           Mr. K.S. Chhabra, Advocate
                                          [L.P.A. Nos. 77 & 133 of 2020]
                           Mr. Ajit Kumar, Sr. Advocate
                           Mr. Shresth Gautam, Advocate
                           Mr. Rahul Kumar, Advocate
                           Mr. Padmanav Shahdeo, Advocate
                             [L.P.A. Nos. 74, 76, 87, 88, 92, 103, 104 & 105 of 2020]
                           Mr. Amritansh Vats, Advocate
                           Mr. Shivam Anand Pathak, Advocate
                           Mr. Amartya Choubey, Advocate
                           Ms. Oishi Das, Advocate
                            [L.P.A. Nos. 125, 126, 127, 128, 183 & 193 of 2020]
    For the Respondents:   Mr. Rajiv Ranjan, A.G.
                                          [L.P.A. No. 64 of 2020]
                           Mr. Sanjoy Piprawall, Advocate
                           Mr. Prince Kumar, Advocate
                           Mr. Jay Prakash, Advocate
                           Mr. Rakesh Ranjan, Advocate
                                          [in all cases]
                           Ajit Kumar, A.C. to G.A.-V
                                          [L.P.A. No. 64 of 2020]
                           Mrs. Sunita Kumari, AC to Sr. SC-II
                                          [L.P.A. Nos. 128 & 183 of 2020]
    
    
    
    
                                   13
                                                                 2026:JHHC:13599-DB
    
    
    
    
                                   Mr. Gaurang Jajodia, A.C. to G.P.-II
                                                  [L.P.A. No. 114 of 2020]
                                   Ms. Ruchi Mukti, A.C. to A.A.G.-IA
                                            [L.P.A. Nos. 74, 87, 92, 103 & 133 of 2020]
                                   Mr. Aditya Kumar, A.C. to Sr. S.C.-I
                                       [L.P.A. Nos. 76, 77, 88, 104, 105, 126 & 193 of 2020]
                                   Mr. J. F. Toppo, GA-V
                                      [L.P.A. No. 64 of 2020]
    
    
                                          ---
         Reserved on 21.04.2026                   Pronounced on 07.05.2026
         Per : Rajesh Shankar, J. :
    

    1. These appeals have been filed challenging the common order/judgment

    dated 20.12.2019 passed by the learned Single Judge in a batch of writ

    SPONSORED

    petitions (led by W.P.(S) No. 3151 of 2018) filed by the respective writ

    petitioners/appellants whereby the decision of the Jharkhand Public

    Service Commission (JPSC)/Jharkhand Staff Selection Commission (JSSC)

    treating the candidature of the writ petitioners/appellants under general

    category, has not been interfered on the ground that they failed to adhere

    to the conditions as stipulated in the respective advertisements and

    consequently their writ petitions have been dismissed.

    2. Initially, the present batch of Letters Patent Appeals as well as other

    Letters Patent Appeals were placed before a Co-ordinate Bench of this

    Court and vide order dated 02.03.2023, the Bench observed that in an

    almost similar fact-situation, there were conflicting views of different

    Division Benches of this court as in some cases, the ratio laid down in the

    case of Ram Kumar Gijroya Vs. Delhi Subordinate Services

    Selection Board & Another reported in (2016) 4 SCC 754 had been

    followed, whereas in some other cases, it had been distinguished/not

    relied upon. The Bench thereafter referred the said cases to the larger

    Bench for determination of the following issues: –

    14

    2026:JHHC:13599-DB

    A. Whether “Ram Kumar Gijroya” must be applied in every

    case irrespective of the facts of the case, provided the caste

    certificate is produced at the time of verification of the

    documents?

    B. Whether Clause 9(gha) in the Advertisement No. 2 of 2016

    and a similar stipulation in the other advertisements run

    contrary to the Constitutional mandate under Articles 14, 16

    and 335 of the Constitution of India?

    C. Whether providing a condition in the advertisement that the

    caste certificate in the proper format should be in possession

    of the candidate on the last date for making the application

    failing which his/her candidature shall be considered under

    unreserved category is an exercise of excessive delegation of

    power and/or beyond the powers conferred upon the

    Commission?

    3. Subsequently, L.P.A. No. 50 of 2020 was de-tagged and L.P.A. No. 118 of

    2020 was disposed of by passing a separate order. Thereafter, the

    remaining cases (i.e., the present batch of appeals) were placed before

    the Full Bench of this Court and the said Bench answered the issues

    referred to it vide order dated 15.09.2025 passed in the case of Dr.

    Nutan Indwar @ Nutan Indwar Vs. State of Jharkhand & Ors.

    reported in 2025 SCC OnLine Jhar. 3189 directing that the present

    batch of appeals be placed before the appropriate Bench for deciding the

    same on merit keeping in view the observation made by the said Bench

    on the issues referred to it. Pursuant to the said direction, these appeals

    have been placed before this Court.

    15

    2026:JHHC:13599-DB

    4. Heard learned counsel for the parties at length and perused the materials

    available on record.

    5. Mr. Krishna Murari, learned counsel for the appellant of L.P.A. No. 64 of

    2020 namely Dr. Nutan Indwar @ Nutan Indwar, submits that the said

    appellant was in possession of her caste certificates issued in the

    prescribed formats of the State Government as well as the Central

    Government from much before the cut-off date of submission of online

    application form, however she inadvertently mentioned the particulars of

    the caste certificate issued in the prescribed format of the Central

    Government while uploading her application.

    6. It is further submitted that the said appellant rectified her mistake and

    submitted the caste certificate issued in the prescribed format as

    mandated under Clause-9(gha) of the Advertisement No. 02/2016 during

    the documents verification, however the same was not accepted by the

    JPSC and her candidature was treated under “General Category”.

    Resultantly, she was not selected for the advertised post despite the fact

    that she had scored more marks than the cut-off marks i.e., the marks

    obtained by the last selected candidate under the “Scheduled Tribe”

    category.

    7. It is also submitted that pursuant to publication of the final result, out of

    44 vacancies notified for the “Scheduled Tribe” category, only 8

    candidates were declared successful and thereby 36 posts remained

    vacant. The present appellant is the only left out candidate who has

    secured marks more than the cut-off marks and thus, the action of the

    Commission in denying appointment to the present appellant is patently

    arbitrary and illegal.

    16

    2026:JHHC:13599-DB

    8. It is further submitted that no prejudice will be caused to any other

    unsuccessful candidate by providing appointment to the appellant who

    was in possession of the caste certificate in the prescribed format of the

    State Government prior to the last date of submission of the online

    application form.

    9. It is contended by learned counsel for the said appellant that the

    appellant was called for interview by the Commission under “Scheduled

    Tribe” category only on confirming her undisputed status under the said

    category. Since she had obtained lesser marks than the cut-off marks of

    last selected candidate under the “General Category” in written

    examination, it cannot be assumed that she was called for interview as a

    “general category” candidate. As such, at the time of declaring the final

    result, the Commission was wrong in treating the appellant under

    “General Category” depriving her of getting the appointment.

    10. Mr. Krishna Murari places reliance on the judgment rendered by the

    Hon’ble Supreme Court in the case of Ram Kumar Gijroya (supra.)

    and submits that once the categorization in a particular category is not

    disputed, mere inability to submit the prescribed caste certificate till the

    cut-off date should not operate as prejudice to the candidate. Even

    otherwise, the delayed submission should not affect the category-wise

    selection process as there is no rationale for insisting to produce the

    prescribed caste certificate till the cut-off date.

    11. Mr. Krishna Murari also puts reliance on the judgment rendered by the

    Hon’ble Supreme Court in the case of Charles K. Skaria and Others

    Vs. Dr. C.Mathew and Others reported in (1980) 2 SCC 752 and

    submits that possession of a caste certificate in the prescribed format was

    17
    2026:JHHC:13599-DB

    sufficient for claiming benefit of reservation.

    12. Mr. Manoj Tandon, learned counsel appearing on behalf of the appellants

    of L.P.A. Nos. 77 of 2020 and 133 of 2020, submits that the JPSC/JSSC

    have breached the law laid down by the Full Bench of this Court in the

    order dated 15.09.2025 by appointing few candidates who were similarly

    situated to the said appellants and thus they deserve the similar relief as

    granted to the said candidates.

    13. It is further submitted that admittedly the appellants belong to the

    reserved category but they have been treated under “General Category”

    in a most arbitrary manner. The appellants had submitted their caste

    certificates in the prescribed format prior to finalization of the process of

    recruitment, however the respondents arbitrarily did not take into

    consideration the said caste certificates produced by them.

    14. It is also submitted that in the case of Ram Kumar Gijroya (Supra.),

    the Hon’ble Supreme Court has held that delay in submission of caste

    certificate by a reserved category candidate would not oust his/her

    candidature for appointment.

    15. Mr. Ajit Kumar, learned senior counsel, assisted by Mr. Shresth Gautam,

    appearing on behalf of some of the appellants, submits that under similar

    situation, some candidates were given relaxation of submitting the caste

    certificates at subsequent stage by the JPSC, whereas it acted arbitrarily

    in the cases of the appellants by not giving them the same relaxation.

    16. In response to the above contentions, Mr. Sanjay Piprawal, learned

    counsel appearing on behalf of respondents- JPSC/JSSC, submits that the

    appellants had failed to strictly adhere to the terms and conditions of the

    advertisements fixed for claiming reservation and as such their

    18
    2026:JHHC:13599-DB

    candidatures were considered under “General Category”.

    17. It is further submitted that the Hon’ble Supreme Court as well the

    different Division Benches of this Court have consistently held that the

    candidates are obliged to strictly follow the terms and conditions of the

    advertisement, failing which they would not be able to get the benefit of

    reservation.

    18. It is also submitted that admittedly in the online application forms, the

    appellants had not filled the particulars of the caste certificates obtained

    in the prescribed format, rather the same were subsequently produced

    either at the time of document verification or after issuance of the show

    cause notices.

    19. It is further submitted that the Full bench of this Court in the order dated

    15.09.2025, has upheld the constitutional validity of Clause 9 (gha) of

    Advertisement No. 02 of 2016 and similar stipulations in the other

    advertisements, which clearly provide that each candidate who is the

    resident of Jharkhand State and belongs to SC/ST/BC-I/BC-II category,

    has to fill the particulars of his/her caste certificate issued by the Deputy

    Commissioner/Sub-Divisional Officer in the prescribed format in the

    online application form, otherwise they will be treated under “general

    category”.

    20. Mr. Piprawal contends that the case of Ram Kumar Gijroya (Supra.)

    which has been heavily relied upon by the learned counsels for the

    appellants, has been distinguished in facts by the Hon’ble Supreme Court

    in several subsequent judgments and as such the said judgment will not

    help the case of the appellants.

    21. We have gone through the judgment of Ram Kumar Gijroya (Supra.).

    19

    2026:JHHC:13599-DB

    The fact of the said case was that the appellant was not selected for the

    advertised post on the ground that he had failed to submit the OBC

    certificate issued by the appropriate authority along with the application

    form before the last date of submission of the same. Moreover, the

    requirement of submitting the OBC certificate before the cut-off date of

    the application was introduced by the respondent-Delhi Subordinate

    Services Selection Board only while declaring the result on 15.12.2008.

    In the said case, Their Lordships considered the judgment of learned

    Single Judge of Delhi High Court rendered in the case of Pushpa vs.

    Govt., NCT of Delhi & Others reported in 2009 SCC OnLine Del 281

    and held that the same was in conformity with the proposition of law laid

    down in the case of Indra Sawhney & Others vs. Union of India &

    Others reported in 1992 Supp (3) SCC 217 and Valsamma Paul

    (Mrs.) vs. Cochin University & Others reported in (1996) 3 SCC

    545. It was further held that the Division Bench of Delhi High Court had

    erred in reversing the judgment and order passed by the learned Single

    Judge without noticing the binding precedent of Indra Sawhney

    (Supra.) and Valsamma Paul (Supra.) wherein after interpretation of

    Articles 14, 15, 16 as well as 39-A of the Constitution of India pertaining

    to the Directive Principles of the State policy, it was held that the object

    of providing reservation to the SCs/STs and educationally/socially

    backward classes of the society is to remove inequality in public

    employment, as the candidates belonging to these categories are unable

    to compete with the candidates belonging to the general category on

    account of facing centuries of oppression and deprivation of opportunity.

    The constitutional concept of reservation envisaged in the Preamble of

    20
    2026:JHHC:13599-DB

    the Constitution and Articles 14, 15, 16 as well as 39-A of the Directive

    Principles of the State policy is to achieve the purpose of giving equal

    opportunity to all sections of the society.

    22. In the case of Karn Singh Yadav Vs. Government of NCT of Delhi

    and Others reported in (2024) 2 SCC 716, the judgments of Ram

    Kumar Gijroya (Supra.) and Pushpa (supra.) came to be considered

    by the Hon’ble Supreme Court and their Lordships referred the matter to

    the Larger Bench of three judges for reconsideration of the issue fell in

    the case of Ram Kumar Gijroya (supra.) by observing that the

    judgment of Pushpa (supra.) was passed under a peculiar circumstance

    where the fact was that the office of the competent authority took

    considerable time to make the required OBC certificate available despite

    the applicant having filed an application before the concerned Sub-

    Divisional Officer for obtaining the same much prior to the date of

    issuance of the advertisement, for which the applicant could not be made

    to suffer. It was further held that in the course of recruitment process,

    many persons, though belonging to the OBC category or SC/ST category,

    might not have obtained the required caste certificate before the cut-off

    date. Such persons, being law abiding and conscious of the bar contained

    in the notification of the cut-off date, might not have applied seeking

    employment. In case, the authority starts accepting caste certificates

    subsequent to the prescribed cut-off dates whenever a candidate

    approaches it, the remaining candidates who had not applied, would

    definitely be affected. If the applicants are allowed to submit certificates

    in proof of their claim of reservation subsequent to the notified cut-off

    date, it would create an administrative chaos.

    21

    2026:JHHC:13599-DB

    23. However, when the said case was placed before the Larger Bench of the

    Hon’ble Supreme Court, Their Lordships did not delve into the issues

    raised in Karn Singh Yadav (supra.) (decided by two Judges Bench)

    and disposed of the said case vide judgment rendered in Karn Singh

    Yadav vs. Government of NCT of Delhi & Others reported in (2024)

    2 SCC 588 (decided by three Judges Bench) observing that the fact and

    situation of the said case was identical to the case of Ram Kumar

    Gijroya (supra.).

    24. The judgments of Ram Kumar Gijroya (supra.) as well as Karn Singh

    Yadav (supra.) (two Judges Bench) and Karn Singh Yadav (supra.)

    (three Judges Bench) were also considered in the case of Divya Vs.

    Union of India & Others reported in (2024) 1 SCC 448. Their

    Lordships distinguished the fact of that case with that of Ram Kumar

    Gijroya (Supra.) and observed that in the case of Ram Kumar Gijroya

    (Supra.) there was no rule regarding requirement of submitting the OBC

    certificate before the cut-off date, rather the same was introduced by the

    selection authority at the time of declaring the result. It was further

    observed that in the case of Ram Kumar Gijroya (Supra.), there was

    no contention or issue raised that the eligibility enured or crystallized only

    on issuance of the certificate and on possession of the certificate before

    the prescribed cut-off date. In the said case, Their Lordships went on to

    observe that the judgment of Ram Kumar Gijroya (Supra.) was also

    directly in conflict with the judgment of Three Judges Bench of the

    Hon’ble Supreme Court rendered in the case of Ashok Kumar Sharma

    & Others Vs. Chander Shekhar & Another reported in (1997) 4 SCC

    18 and thus the ratio laid down in the judgment of the three judges’

    22
    2026:JHHC:13599-DB

    Bench in the case of Ashok Kumar Sharma (Supra.) is bound to be

    followed.

    25. Again, in the case of Sakshi Arha Vs. The Rajasthan High Court and

    Others reported in 2025 SCC OnLine SC 757 the Hon’ble Supreme

    Court distinguished the judgment of Ram Kumar Gijroya (Supra.)

    from the fact of that case observing as under: –

    “38. Significant reliance is placed by the Appellants on
    the 2-Judge Bench decision of this Court in Ram
    Kumar Gijroya
    (supra). A perusal of the decision
    rendered by the High Court of Delhi on the factual
    matrix therein is evidently distinct. The same, thus,
    cannot come to the rescue of the Appellants. In the
    instant case, it is not a contention of Appellants that
    they are missing a valid proof of attainment of their
    particular qualification or right. No candidate before
    us has a claim that they, to begin with, already availed
    and established their eligibility, or had applied for a
    NCL category certificate and issuance of the same is
    delayed at the behest of the competent authority. The
    ratio, therefore, in the relied judgment would not
    apply.”

    26. The Full Bench of this Court also decided the issue ‘A’ in the judgment

    dated 15.09.2025 by observing that the ratio laid down in the case of

    Ram Kumar Gijroya (supra) is not applicable in every case irrespective

    of the facts. It also cannot be applied if the caste certificate is not

    produced on or before the cut-off date as prescribed either by the rules

    governing the employment or by the advertisement. In case, rules and

    advertisement are silent about the cut-off date, then the eligibility will be

    judged on the last date of submission of the application forms.

    27. In the aforesaid judgment, one of us (Rajesh Shankar, J) has observed in

    concurring part as under: –

    “67. It may be construed from the aforesaid judicial

    23
    2026:JHHC:13599-DB

    pronouncements that the judgment of Ram Kumar
    Gijroya
    (Supra.) was delivered in the peculiar fact and
    circumstance of the said case where the cut-off date
    for submitting OBC certificate was not given in the
    advertisement, rather the same was introduced by
    the respondent-Delhi Sub-ordinate Services Selection
    Board only while declaring the result. The judgment
    of Pushpa (Supra.)
    which was strongly relied upon by
    the Hon’ble Supreme Court in Ram Kumar Gijroya
    (Supra.) was also delivered in the circumstance where
    the applicant had moved an application for obtaining
    OBC certificate much prior to the date of issuance of
    the advertisement, however, the office of the
    competent authority took considerable time to make
    the required OBC certificate available.
    The judgment
    of Ram Kumar Gijroya (Supra.)
    was factually
    distinguished by the Hon’ble Supreme Court in the
    judgment rendered in the cases of Divya (Supra.) and
    Sakshi Arya (Supra.).”

    28. Now, the question falls for consideration of this Court is whether the facts

    and circumstance of the present batch of appeals are similar to the case

    of Ram Kumar Gijroya (supra.) so as to entitle the appellants for any

    relief by this Court in view of the law laid down in the said judgment or

    was there any cut-off date fixed in the advertisements in question for

    obtaining caste certificates in the prescribed format which the appellants

    were required to strictly follow.

    29. The present matters relate to altogether six advertisements issued by the

    JPSC/JSSC and as such for better appreciation of the cases of the parties,

    it seems appropriate to inter alia refer the relevant provisions of the said

    advertisements as well as the respective claims of the parties.

    30. Advertisement No. 2 of 2016 was issued by the JPSC for appointment

    to the post of Dentist (Basic Cadre) and the last date of submission of the

    online application forms by the interested candidates was fixed as

    24
    2026:JHHC:13599-DB

    29.02.2016, which was subsequently extended upto 15.03.2016.

    31. The relevant clauses for the said advertisement are quoted hereinbelow

    for the ready reference in the present case:-

    Clause-9 आरक्षण-:

    (क).ऑनलाईन,(Online) आवेदन में ननयत प्रनवनि के अधीन इं नित आरक्षण

    का दावा नहीं करने पर आरक्षण का लाभ नहीं नमलेिा। ऐसे अभ्यनथिय ं क

    अनारनक्षत क नि में शानमल नकया जायेिा ।

    (ख) आरक्षण का लाभ केवल झारखण्ड राज्य के स्थायी ननवासी क झारखण्ड राज्य

    के सक्षम स्तर के पदानधकारी अथाि त उपायुक्त / अनुमण्डल पदानधकारी स्तर से

    ननिित जानत प्रमाण पत्र के आधार पर ही दे य ह िा। झारखण्ड राज्य के बाहर के

    जानत प्रमाण पत्र धारक अभ्यथी के नलए आरक्षण के लाभ हे तु नकया िया दावा

    अनुमान्य नहीं ह िा । केन्द्रीय सरकार के अधीन ननय जन / शैक्षनणक संस्थान ं में

    नामां कन के उद्दे श्य से ननिि त नपछडी जानत (OBC) का प्रमाण पत्र भी अमान्य ह िा

    एवं आरक्षण का दावा अनु मान्य नहीं ह िा ।

    (घ) झारखण्ड राज्य के उम्मीदवार, ज अनुसूनित जानत / अनुसूनित जनजानत /

    नपछडा विि -I (BC- I) / नपछडा विि – II ( BC-II) के हैं , क आरक्षण का लाभ प्राप्त

    करने के नलए झारखण्ड राज्यान्तिित उपायुक्त / अनुमंडल पदानधकारी स्तर से

    क्रमशः कानमिक, प्रशासननक सुधार तथा राजभाषा नवभाि, झारखण्ड सरकार का

    ज्ञापां क- 5682, नदनां क- 22.10.2008 एवं ज्ञापां क- 10007, नदनां क- 29.08.2012

    द्वारा ननिित ननधाि ररत नवनहत प्रपत्र – I अथवा प्रपत्र – II का नववरण ऑनलाईन

    आवेदन पत्र में प्रनवि करें िे। अन्यथा अभ्यथी अनारनक्षत क नि के माने जायेंिे I

    ननधाि ररत प्रपत्र आय ि के वेबसाइि – www.jpsc.gov.in पर उपलब्ध है ।

    (ड.) आवेदन के प्राप्तप्त की अंनतम नतनथ तक आरक्षण हे तु संलग्न नवनहत प्रपत्र – I

    एवं प्रपत्र – ॥ में जानत प्रमाण पत्र, नजसे आय ि द्वारा अन्तवीक्षा के समय प्रमाण पत्र

    25
    2026:JHHC:13599-DB

    सत्यापन प्रनक्रया के दौरान मूल रूप में प्रमाण पत्र प्रस्तुत करना अननवायि ह िा

    अन्यथा अभ्यनथिता रद्द कर दी जायेिी।

    (ि) साक्षात्कार के समय ऑनलाईन आवेदन में नदये िये प्रनवनि (Entry) एवं मुनित

    आवेदन के साथ सं लग्न सभी प्रमाण पत्र ं की संबंनधत मूल प्रनत प्रस्तुत करना

    अननवायि ह िा । अन्यथा अभ्यनथिता रद्द कर दी जायेिी ।

    Clause-12 (घ) :-

    (iii) उम्र संबंधी प्रवेनशका (मैनिि क) प्रमाण पत्र या इसके समकक्ष (iv) जानत प्रमाण

    पत्र (जहााँ लािू ह ) आनद ऑनलाईन आवेदन पत्र में ननधाि ररत कंनडकाओं में अवश्य

    प्रनवनि करें िे तथा साक्षात्कार के समय जााँ ि के क्रम में उपर क्त प्रमाण पत्र की

    मूल प्रनत प्रस्तुत करना अननवायि ह िा एवं ऑनलाईन आवेदन में दी ियी सूिना

    तथा साक्षात्कार के समय दी ियी सूिना में नभन्नता ह ने पर अभ्यनथिता रद्द कर दी

    जायेिी तथा इसके नलए आवेदक स्वयं नजम्मे वार ह ि
    ं े।

    32. The appellants of L.P.A No. 64 of 2020, L.P.A No. 114 of 2020 and L.P.A

    No. 117 of 2020 filled up their respective online application forms for the

    said advertised post. They appeared in the written examination held on

    20.12.2017 and after passing the said examination, they were called for

    document verification on 08.03.2018. The interview of the said

    examination was conducted on 09.03.2018 and the recommendation for

    appointment of the successful candidates was made to the state

    government on 17.05.2018. The appellants of the said cases were treated

    as “general category” candidates and were declared unsuccessful since

    they secured lesser marks than those of the last selected candidates

    under the “general category”.

    33. For better appreciation of the claims of the appellants, the details of their

    26
    2026:JHHC:13599-DB

    categories, particulars of the caste certificates mentioned by them in the

    online application forms as well as the caste certificates submitted by

    them at the time of document verification or after issuance of show cause

    notices, are given as under:-

    Category of Particulars of the Caste Caste certificate(s)
    the certificate(s) mentioned by submitted by the
    appellant(s) the appellant(s) in the appellant(s) at the time
    Online Application Form(s) of document verification
    or after issuance of the
    show cause notice
    L.P.A No. 64 of 2020 arising out of the order dated 20.12.2019 passed in
    W.P.(S) No. 3151 of 2018
    Appellant – S.T Caste Certificate No. Same caste certificate
    CST/0316/14/00494 dated mentioned in the
    24.11.2014 issued by the application form as also
    S.D.O in the format of Caste Certificate No.
    central government CST/0316/14/00327
    dated 29.09.2014 issued
    by the Sub-Divisional
    Officer in the prescribed
    format
    L.P.A No. 114 of 2020 arising out of the order dated 20.12.2019 passed
    in W.P.(S) No. 3374 of 2018
    Appellant Caste Certificate No. Caste Certificate No.
    No. 1 – B.C-II CST/1622/16/00107 dated CST/1601/16/00204
    02.02.2016 issued by the dated 29.01.2016 issued
    Deputy Commissioner, by the C.O. on 30.01.2016
    Hazaribagh in the format of and countersigned by the
    Central Government SDO, Sadar, Hazaribagh
    on 10.03.2016
    Appellant Caste Certificate No. 1921 Caste Certificate No.
    No. 2 – B.C-II dated 06.11.2015 issued by JHCC/2018/182586
    the S.D.O however the same dated 03.03.2018 issued
    was not in the prescribed by the SDO in the
    format as mentioned in the prescribed format after
    Advertisement the last date of
    submission of the online
    application form.

    Appellant Caste Certificate No. Caste Certificate No.
    No. 3 – B.C-I JHCC/2015/21810 dated JHCC/2018/15391 dated
    31.08.2015 issued by the 01.02.2018 issued by the
    B.D.O SDO in the prescribed
    format after the last date
    of submission of the
    online application form
    Appellant Caste Certificate No. 2500 Caste Certificate No.
    No. 4 – B.C-I dated 20.12.2006 issued by JHCC/2018/174854
    the S.D.O not in the dated 26.02.2018 issued
    Proforma-II as mentioned by the SDO after the last
    in the Advertisement date of submission of the
    online application form
    Appellant Caste Certificate No. Caste Certificate No.
    No. 5 – B.C-II JHCC/2016/56935 dated JHCC/2018/198348

    27
    2026:JHHC:13599-DB

    20.02.2016 which was in dated 05.03.2018 issued
    the format of the Central by the SDO in the
    Government prescribed format after
    the last date of
    submission of the online
    application form

    Appellant Caste Certificate No. Caste Certificate No.
    No. 6 – B.C-I 1105/07 dated 01.03.2007 JHCC/2017/1675393
    issued by the SDO which dated 09.02.2018 issued
    was not in the prescribed by the D.C., Dhanbad in
    format as mentioned in the the prescribed format
    advertisement after the last date of
    submission of the online
    application form
    L.P.A No. 117 of 2020 which is arising out of the order dated 20.12.2019
    passed in W.P.(S) No. 3931 of 2018
    Appellant – SC Caste Certificate No. 399 Same caste certificate as
    dated 27.04.2006 issued by well as Caste Certificate
    the SDO which was not in No. JHCC/2017/1507069
    the prescribed format dated 30.10.2017 issued
    as mentioned in the by the SDO after the last
    advertisement. date of submission of the
    online application form

    34. Advertisement No. 6 of 2017 was issued by the JSSC for appointment

    to the post of Jharkhand Police Radio Operator and the last date for

    submission of online application forms was fixed as 31.08.2017.

    Relevant Clauses of the Advertisement: –

    Clause – 3:- परीक्षा परीक्षा के नलए आवेदन दे ने के पूवि अभ्यथी यह सु नननित

    ह लें नक वे नवज्ञानपत पद की पात्रता के नवषय पर प्रकानशत सभी शतों क पूरा

    करते हैं । परीक्षा में बैठने की अनुमनत पूणितः औपबप्तिक ह िी। परीक्षा के नलए

    प्रवेश पत्र ननिित ह ना प्रमानणत नहीं करता है नक अभ्यथी नवज्ञानपत पद पर ननयुप्तक्त

    के नलए ियन हे तु ननधाि ररत पात्रता पूरी करते हैं क् नं क आय ि परीक्षा के बाद

    अपनी सुनवधा के अनुसार नकसी भी समय अभ्यनथिय ं की पात्रता से सम्बप्तित प्रमाण

    पत्र ं की जााँ ि करे िा। प्रमाण पत्र जााँ ि के पिात अभ्यथी की पात्रता के नबन्दु पर

    अंनतम ननणिय ह सकेिा। नकसी भी समय पात्रता पूरी नहीं करने वाले अभ्यनथि य ं

    का आवेदन / अभ्यनथिता रद्द नकया जा सकता है ।

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    2026:JHHC:13599-DB

    Clause 7 आरक्षण-:

    (I) आवेदन में ननयत प्रनवनि के अधीन इं नित आरक्षण का दावा नहीं करने पर

    आरक्षण का लाभ नहीं नमलेिा।

    (III) आवेदन समनपित करने की अंनतम नतनथ तक झारखण्ड सरकार द्वारा लािू

    आरक्षण सम्बिी सभी ननयम प्रभावी ह ि
    ं े | आरक्षण का दावा करने वाले झारखण्ड

    के स्थानीय ननवासी उम्मीदवार क ननम्न प्रमाण-पत्र का नववरण ऑन-लाईन

    आवेदन पत्र में दे ना अननवायि ह िा एवं आय ि द्वारा प्रमाण-पत्र ं की जााँ ि के अवसर

    पर समनपित करमा अननवायि ह िा:-

    (i) अनुसूनित जानत एवं अनुसूनित जन जानत के नलए जानत प्रमाण पत्र-

    नजला / अनुमंडल के उपायुक्त / अनुमण्डल पदानधकारी से नवनहत प्रपत्र

    पररनशि – I पर अंनकत प्रपत्र में अथवा प्रज्ञा केन्द्र द्वारा कम्प्यूिर जननत

    प्रमाण पत्र ।

    (ii) अत्यंत नपछडा विि (अनुसूिी-1 ) एवं नपछडा विि अनुसूिी-2 के नलए

    जानत प्रमाण पत्र पररनशि – II पर अंनकत प्रपत्र में अथवा प्रज्ञा केन्द्र द्वारा

    कम्प्यूिर जननत प्रमाण पत्र ।

    (iii) अनुसूनित जानत, अनु सूनित जन जानत, नपछडा विि (अनुसूिी – 1 )

    एवं अत्यंत नपछडा विि (अनुसूिी – 2 ) एवं मनहला के आरनक्षत पद ं के

    नलए स्थानीय ननवासी प्रमाण पत्र कानमिक, प्रशासननक सुधार तथा राजभाषा

    नवभाि के पत्रां क- 9650 नदनां क 02.06.2016 द्वारा ननधाि ररत प्रपत्र

    (पररनशि – III पर अंनकत प्रपत्र) में नजला / अनु मंडल के उपायुक्त /

    अनुमण्डल पदानधकारी के स्तर से ननिित स्थानीय ननवासी प्रमाण पत्र मान्य

    ह िा एवं अननवायि रूप से – प्रमाण पत्र की सं ख्या तथा नतनथ आवेदन में

    29
    2026:JHHC:13599-DB

    अंनकत करना ह िा, नजसे प्रमाण पत्र ं के जााँ ि कायिक्रम में अननवायि रूप

    से जााँ ि हे तु उपस्थानपत करना ह िा ।

    (iv) आवेदक उपयुिक्त प्रपत्र ं में अनुमंडल पदानधकारी अथवा उपायुक्त से

    प्रमाण पत्र प्राप्त करने के उपरान्त ही ऑन लाईन आवेदन पत्र भरना

    सुनननित करें तथा ऑन लाईन आवेदन प्रपत्र में यथा स्थान अपने जानत

    प्रमाण पत्र, स्थानीय ननवासी प्रमाण पत्र की संख्या एवं ननििम नतनथ दजि

    करें । उक्त प्रमाण पत्र ं की मां ि / जााँ ि आय ि आवश्यकतानुसार कभी

    भी कर सकता है ।

    (v) सक्षम स्तर से नभन्न स्तर एवं नववरनणका के पररनशि – I, पररनशि-II एवं

    पररनशि-III पर अंनकत प्रपत्र अथवा प्रज्ञा केन्द्र द्वारा कम्प्यूिर जननत प्रमाण

    पत्र से नभन्न प्रपत्र में अथवा अनुमंडल पदानधकारी से न्यून स्तर के

    पदानधकारी द्वारा ननिित जानत प्रमाण पत्र / स्थानीय ननवासी प्रमाण पत्र

    मान्य नहीं ह िा तथा ऐसे प्रमाण पत्र ं के आधार पर भरे िये आवेदन पत्र

    ननयुप्तक्त प्रनक्रया के नकसी भी स्तर पर आरक्षण के लाभ से वंनित कर नदया

    जायेिा अथवा उनके आवेदन पत्र रद्द नकये जा सकते हैं , नजसके नलए

    संबंनधत आवेदक स्वयं उतरदायी ह ि
    ं े।

    Clause-8 : ON LINE आवेदन पत्र क भरना एवं Submit करना :-

    ऑन-लाईन आवेदन क भरने के नलए नदए िये नदशा ननदे श का अक्षरशः पालन

    करें । आवेदन पत्र में दी िई सूिनाओं से पूणि संतुि ह ने के पिात ही आवेदन पत्र

    क जमा (Submit) करें । आवेदन पत्र भरने के नलए आय ि के वेबसाइि

    www.jssc.in अथवा www.jssc.nic.in पर जाएाँ एं व Online Application for

    JPROCE – 2017 पर Click करें तथा आवेदन पत्र भरें । शैक्षनणक य ग्यता एवं

    आरक्षण का दावा के संबंध में अभ्यथी यह सुनननित ह ले नक आवेदन की नतनथ

    30
    2026:JHHC:13599-DB

    तक वे आवश्यक अहर्त्ाि पूणि करते हैं एं व एतत् सं बंधी वां नछत प्रमाण-पत्र उनके

    पास उपलब्ध है ।

    आवेदक ं क सूनित नकया जाता है नक आवेदन Submit करने के पूवि भरे िये

    आवेदन क ठीक से दे ख लें। यनद क ई त्रुनि है त उसे सुधार कर ही

    आवेदन Submit करें | एक बार आवेदन Submit करने के पिात् नकसी भी प्रनवनि

    में सुधार का क ई भी दावा मान्य नहीं ह िा और भरे िये आवेदन के आधार पर ही

    आवेदक की परीक्षा ली जायेिी ।

    अतः आवेदक ं क सलाह दी जाती है नक Online आवेदन फामि भरने के पू वि में

    आय ि के अनधकृत वेबसाइि से परीक्षा की नववरनणका Download करने के

    पिात् ही फामि भरें I वाह्य स्र त से उपलब्ध नववरनणका के आधार पर फामि भरने

    में यनद क ई त्रुनि ह ती है त आवेदक स्वयं इसके नलए नजम्मेवार ह ि
    ं े।

    Clause 14 :- अन्यान्य

    (3). आवेदन में अंनकत सूिनाओं एवं प्रनविय ं की पूणि नजम्मेवारी आवेदक की ह िी

    तथा नकसी भी प्रकार की िलत जानकारी के नलए आवेदक स्वयं उर्त्रदायी ह ि
    ं े।

    Relevant Clause of ‘Necessary Information’ issued for the
    documents verification :-

    2 (घ) जानत प्रमाण एवं आवासीय प्रमाण पत्र परीक्षा के नववरनणका ।, ॥ एवं III मे

    वनणित ननधाि ररत प्रपत्र में ही मान्य ह िा। जानत प्रमाण पत्र एवं आवासीय प्रमाण पत्र

    नजला के उपायुक्त अथवा अनुमण्डल पदानधकारी के स्तर से ननिित ह ना िानहए।

    जानत प्रमाण पत्र एवं आवासीय प्रमाण पत्र नजला के उपायुक्त अथवा अनुमण्डल

    पदानधकारी से अन्यून पदानधकारी के स्तर से ननिित प्रमाण पत्र मान्य नहीं ह िा ।

    ननधाि ररत प्रपत्र से नभन्न प्रपत्र में जानत प्रमाण पत्र / आवासीय प्रमाण पत्र मान्य नहीं

    ह िा ।

    35. The Appellants of L.P.A No. 49 of 2020, L.P.A No. 74 of 2020 and L.P.A

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    2026:JHHC:13599-DB

    No. 103 of 2020 filled up their respective online application forms for the

    said advertised posts. They appeared in the written examination held on

    27.11.2017 and after passing in the said examination, they were called

    for document verification on 01.02.2018. The final result of the said

    examination was published on 10.07.2018 and the recommendation for

    appointment of the successful candidates was made to the state

    government on 17.05.2018. The appellants were treated under “general

    category” and they were not declared successful as they secured lesser

    marks than those of the last selected candidates under “general

    category”.

    36. For better appreciation of the claims of the appellants, the details of their

    categories, particulars of the caste certificates mentioned by them in the

    online application forms as well as the caste certificates submitted by

    them at the time of document verification or after issuance of show cause

    notices, are given below:-

    Category Caste certificate mentioned Caste certificate submitted
    of the by the appellant in the by the appellants at the
    appellant Online Application Form time of document
    verification or after the
    show cause
    L.P.A No. 49 of 2020 which is arising out of the order dated 20.12.2019
    passed in W.P.(S) No. 5558 of 2018
    Appellant – Caste Certificate No. Caste Certificate No.
    B.C-II JHCC/2017/1097987 dated JHCC/2017/1097987
    04.08.2017 issued by the issued by the S.D.O Ranchi
    SDO, Ranchi issued on 13.10.2017 in the
    (in the application form the prescribed format after the
    appellant had wrongly last date of submission of
    written the date of the online application form.

                       registration        of     the After show cause, she
                       application       filed     for produced caste certificate
    

    issuance of caste certificate no. RNC/ BRUM/ SARLE/
    in place of date of issuance CST/112928/2013 dated
    of the same.) 29.10.2013 issued by the
    Block Development Officer,
    Budhmu and caste
    certificate no. RNC/ BRUM/
    SARLE/OBC/1971/2013

    32
    2026:JHHC:13599-DB

    dated 01.08.2013 issued by
    the SDO, Ranchi in the
    format of central
    government.

    L.P.A No. 74 of 2020 arising out of the order dated 20.12.2019 passed in
    W.P.(S) No. 3540 of 2018
    Appellant Caste Certificate No. Caste Certificate No.
    No.1 – JHCC/2017/419190 dated JHCC/2017/573740 dated
    E.B.C-I 29.06.2017 issued by the 07.06.2017 issued by the
    SDO (however, the correct S.D.O, Koderma in
    issue date of the said the format of Central
    certificate is 27.04.2017 Government and
    which was issued by the Caste certificate No.
    C.O.) JHCC/2018/90292 dated
    12.03.2018 issued by the
    SDO in the prescribed
    format after the last date of
    submission of the online
    application form

    Appellant Caste Certificate No. Caste certificate No.
    No. 2 – BC- JHCC/2017/469188 dated JHCC/2018/94741 dated
    2 16.05.2017 issued by SDO 02.02.2018 issued by the
    SDO in the prescribed
    format after the last date of
    submission of the online
    application form
    Appellant Caste Certificate No. Caste certificate No.
    No. 3 – JHCC/2017/689226 dated JHCC/2018/71879 dated
    EBC-1 24.06.2017 issued by SDO 27.01.2018 issued by the
    (however, the said SDO in the prescribed
    certificate was actually format after the last date of
    issued by the C.O.) submission of the online
    application form
    Appellant Caste Certificate No. Caste certificate No.
    No. 4 – SC JHCC/2017/589112 dated JHCC/2018/98006 dated
    28.05.2017 issued by SDO 07.02.2018 issued by the
    (however, the said SDO in the prescribed
    certificate was actually format after the last date of
    issued by the C.O.) submission of the online
    application form
    Appellant Caste Certificate No. Caste certificate No.
    No. 5 – JHCC/2017/70822 dated JHCC/2017/1534148 dated
    EBC-1 25.01.2017 issued by SDO 01.11.2017 issued by the
    (however, the said certificate D.C. in the prescribed format
    was issued by the C.O) after the last date of
    submission of the online
    application form
    L.P.A No. 103 of 2018 arising out of the order dated 20.12.2019 passed
    in W.P.(S) No. 3535 of 2018
    Appellant – JHCC/2017/409618 dated Caste certificate No.
    EBC-I 19.05.2017 issued by the JHCC/2018/14094 dated
    S.D.O., however the same is 27.01.2018 issued by the
    the certificate to be produced SDO in the prescribed format
    by the OBC applying for after the last date of
    appointment to the posts submission of the online
    under the Government of application form
    India

    33
    2026:JHHC:13599-DB

    37. Advertisement No. 5 of 2017 was issued by the JSSC for appointment

    to the post of Jharkhand Police Sub-Inspector and the last date for

    submission of the online application form was fixed as 13.08.2017.

    Relevant Clauses of the Advertisement: –

    Clause – 3:- परीक्षा के नलए आवेदन दे ने के पू वि अभ्यथी यह सुनननित ह लें नक वे

    नवज्ञानपत पद की पात्रता के नवषय पर प्रकानशत सभी शतों क पूरा करते हैं । परीक्षा में

    बैठने की अनुमनत पूणितः औपबप्तिक ह िी। परीक्षा के नलए प्रवेश पत्र ननिित ह ना प्रमानणत

    नहीं करता है नक अभ्यथी नवज्ञानपत पद पर ननयुप्तक्त के नलए ियन हे तु ननधाि ररत पात्रता

    पूरी करते हैं क् नं क आय ि परीक्षा के बाद अपनी सुनवधा के अनुसार नकसी भी समय

    अभ्यनथिय ं की पात्रता से सम्बप्तित प्रमाण पत्र ं की जााँ ि करे िा। प्रमाण पत्र जााँ ि के पिात

    अभ्यथी की पात्रता के नबन्दु पर अंनतम ननणिय ह सकेिा। नकसी भी समय पात्रता पूरी नहीं

    करने वाले अभ्यनथिय ं का आवेदन/ अभ्यनथिता रद्द नकया जा सकता है |

    Clause-7 आरक्षण-:

    (I) आवेदन में ननयत प्रनवनि के अधीन इं नित आरक्षण का दावा नहीं करने पर

    आरक्षण का लाभ नहीं नमलेिा।

    (III) आवेदन समनपित करने की अंनतम नतनथ तक झारखण्ड सरकार द्वारा लािू

    आरक्षण सम्बिी सभी ननयम प्रभावी ह ि
    ं े | आरक्षण का दावा करने वाले झारखण्ड

    के स्थानीय ननवासी उम्मीदवार क ननम्न प्रमाण-पत्र का नववरण ऑन-लाईन

    आवेदन पत्र में दे ना अननवायि ह िा एवं आय ि द्वारा प्रमाण-पत्र ं की जााँ ि के अवसर

    पर समनपित करना अननवायि ह िाः –

    (i) अनुसूनित जानत एवं अनुसूनित जन जानत के नलए जानत प्रमाण पत्र –

    नजला / अनु मंडल के उपायुक्त / अनुमण्डल पदानधकारी से नवनहत प्रपत्र

    पररनशि – I पर अंनकत प्रपत्र में अथवा प्रज्ञा केंन्द्र द्वारा कम्प्यूिर

    34
    2026:JHHC:13599-DB

    जननत प्रमाण पत्र ।

    (ii) अत्यंत नपछडा विि (अनुसूिी-1) एवं नपछडा विि अनुसूिी- 2 के नलए

    जानत प्रमाण पत्र पररनशि – II पर अंनकत प्रपत्र में अथवा प्रज्ञा केन्द्र द्वारा

    कम्प्यूिर जननत प्रमाण पत्र I

    (iii) अनारनक्षत विि की मनहला के नलए झारखण्ड का स्थानीय ननवास प्रमाण

    पत्र पररनशि – III पर अंनकत प्रपत्र में अथवा प्रज्ञा केन्द्र द्वारा कम्प्यूिर

    जननत प्रमाण पत्र ।

    (iv) आवेदक उपयुिक्त प्रपत्र ं में अनुमंडल पदानधकारी अथवा उपायुक्त से

    प्रमाण पत्र प्राप्त करने के उपरान्त ही ऑन लाईन आवेदन पत्र भरना

    सुनननित करे तथा ऑन लाईन आवेदन प्रपत्र में यथा स्थान अपने जानत

    प्रमाण पत्र, स्थानीय ननवासी प्रमाण पत्र की संख्या एवं ननििम नतनथ दजि करें ।

    उक्त प्रमाण पत्र ं की मां ि/जााँ ि आय ि आवश्यकतानुसार कभी भी कर

    सकता है ।

    (v) सक्षम स्तर से नभन्न स्तर एवं नववरनणका के पररनशि-I, पररनशि – II एवं

    पररनशि – III पर अंनकत प्रपत्र अथवा प्रज्ञा केन्द्र द्वारा कम्प्यूिर जननत –

    प्रमाण पत्र से नभन्न प्रपत्र में अथवा अनुमंडल पदानधकारी से न्यून स्तर के

    पदानधकारी द्वारा ननिित जानत प्रमाण पत्र / स्थानीय ननवासी प्रमाण पत्र मान्य

    नहीं ह िा तथा ऐसे प्रमाण पत्र ं के आधार पर भरे िये आवेदन पत्र

    ननयुप्तक्त प्रनक्रया के नकसी भी स्तर पर आरक्षण के लाभ से वंनित कर नदया

    जायेिा अथवा उनके आवेदन पत्र रद्द नकए जा सकते हैं , नजसके नलए

    संबंनधत आवेदक स्वयं उर्त्रदायी ह ि
    ं े। ।

    Clause-9:- ON LINE आवेदन पत्र को भरना एवं submit करना – ऑन-लाईन

    आवेदन क भरने के नलए नदए िये नदशा ननदे श का अक्षरशः पालन करें । आवे दन

    35
    2026:JHHC:13599-DB

    पत्र में दी िई सूिनाओं से पूणि संतुि ह ने के पिात ही आवेदन पत्र क जमा

    (Submit) करें । आवेदन पत्र भरने के नलए आय ि के वेबसाइि www.jssc.in

    अथवा www.jssc.nic.in पर जाएाँ एं व Online Application for JCPSICE-2017

    पर Click करें तथा आवेदन पत्र भरें ।

    शैक्षनणत य ग्यता एवं आरक्षण का दावा के संबंध में अभ्यथी यह सुनननित ह ले नक

    आवेदन की नतनथ तक वे आवश्यक अहर्त्ाि पूणि करते हैं एं व एतत् संबंधी वां नछत

    प्रमाण-पत्र उनके पास उपलब्ध है ।

    आवेदक ं क सूनित नकया जाता है नक आवेदन Submit करने के पूवि भरे िये

    आवेदन क ठीक से दे ख लें। यनद क ई त्रुनि है त उसे सुधार कर ही आवे दन

    Submit करें । एक बार आवेदन Submit करने के पिात् परीक्षाफल क प्रभानवत

    करने वाले नकसी भी प्रनवनि में सुधार का क ई भी दावा मान्य नहीं ह िा और भरे

    िये आवेदन के आधार पर ही आवेदक की परीक्षा ली जायेिी ।

    अतः आवेदक ं क सलाह दी जाती हैं नक Online आवेदन फामि भरने के पू वि में

    आय ि के अनधकृत वेबसाइि से परीक्षा की नववरनणका Download करने के

    पिात् ही फामि भरें I वाह्य स्र त से उपलब्ध नववरनणका के आधार पर फामि भरने

    में यनद क ई त्रुनि ह ती है त आवेदक स्वयं इसके नलए नजम्मेवार ह ि
    ं े।

    Clause – 15: अन्यान्य:-

    3. आवेदन में अंनकत सूिनाओं एवं प्रनविय ं की पूणि नजम्मेवारी आवेदक की ह िी तथा

    नकसी भी प्रकार की िलत जानकारी के नलए आवेदक स्वयं उर्त्रदायी ह ि
    ं ें।

    Relevant Clause of Notice for the documents verification:-

    2 (III) (ङ) वही जानत प्रमाण एवं स्थानीय ननवासी प्रमाण पत्र स्वीकायि ह िा

    नजसकी संख्या ननििम नतनथ तथा ननििम प्रानधकार की प्रनवनि ऑन लाईन आवे दन

    पत्र में की िई है । आवेदन में दजि प्रमाण पत्र से नभन्न जानत का प्रमाण पत्र एवं

    स्थानीय ननवासी प्रमाण पत्र स्वीकायि नहीं ह िा। ऑन लाईन आवेदन पत्र में नजस

    36
    2026:JHHC:13599-DB

    आरक्षण क नि का दावा नकया िया है उसी आरक्षण क नि का जानत प्रमाण पत्र

    मान्य ह िा।

    38. The appellants of L.P.A No. 76 of 2020, L.P.A No. 77 of 2020, L.P.A No. 87

    of 2020, L.P.A No. 88 of 2020, L.P.A No. 92 of 2020, L.P.A No. 104 of

    2020, L.P.A No. 128 of 2020, L.P.A No. 133 of 2020, L.P.A No. 183 of 2020,

    L.P.A No. 193 of 2020 and L.P.A No. 266 of 2020 filled up their respective

    online application forms for the said advertised posts. They appeared in

    the written examination and after clearing the said examination, they

    were called for document verification held between 18.05.2018 and

    23.05.2018. The final result of the said examination was published on

    27.06.2018 and the recommendation was made to the state government

    for appointment of the successful candidates on 05.07.2018. The

    appellants were treated as “general category” candidates and they were

    not declared successful as they secured lesser marks than those of the

    last selected candidates under general category.

    39. For better appreciation of the claims of the appellants, the details of their

    categories, particulars of the caste certificates mentioned by them in the

    online application forms as well as the caste certificates submitted by

    them at the time of document verification or after issuance of show cause

    notices, are given as under:-

    Category Caste certificate mentioned by Caste certificate
    of the the appellant in the Online submitted by the
    appellant Application Form appellants in the
    proper format either at
    the time of document
    verification or after the
    show cause
    L.P.A No. 76 of 2020 arising out of the order dated 20.12.2019 passed
    in W.P.(S) No. 3220 of 2018
    Appellant Caste Certificate No. Caste certificate no.
    No. 1 – JHHC/2017/56858 dated JHCC/2018/204977
    EBC-I 24.01.2017 issued by the D.C, issued on 13.03.2018

    37
    2026:JHHC:13599-DB

    Khunti which was in the format by the SDO in the
    of the Central Government. prescribed format after
    the last date of
    submission of the
    application form
    Appellant Caste certificate no. 62 dated Caste certificate issued
    No. 2 – 22.10.2016 issued by the S.D.O under Memo No. 100
    B.C-II dated 22.10.2016
    issued by the S.D.O,
    Basia in the Central
    Government format.

    He also filed the
    caste certificate no.

                                                    JHCC/2017/1582308
                                                    issued on 04.01.2018
                                                    by the SDO in the
                                                    prescribed format after
                                                    the    last   date    of
                                                    submission     of    the
                                                    application form
    Appellant    Caste       Certificate       No. Caste         Certificate
    No. 3 - JHCC/2017/27087                 dated JHCC/2018/14143
    EBC-I        09.01.2017 issued by the S.D.O issued on 01.02.2018
                 in the format of Central by the SDO in the
                 Government                         prescribed format after
                                                    the submission of the
                                                    application form
    Appellant    Caste       Certificate       No. Caste certificate no.
    No. 4 - JHCC/2017/396210                dated JHCC/2018/25065
    EBC-I        16.05.2017 issued by the SDO in dated          24.05.2018
                 the     format      of    Central issued by the SDO in
                 Government                         the prescribed format
                                                    after the last date of
                                                    submission     of    the
                                                    application form
    Appellant    Caste       Certificate       No. Caste certificate     no.
    No. 5 - CST/1622/15/03310               dated JHCC/2018/238086
    BC-II        10.12.2015 issued by the DC in dated           22.03.2018
                 the     format      of    Central issued by the SDO in
                 Government                         the prescribed format
                                                    after the last date of
                                                    submission     of    the
                                                    application form
    Appellant    Caste        certificate      no. Caste certificate no.
    No. 6 - JHCC/2016/392361                dated JHCC/2017/1243861
    BC-II        20.08.2016 issued by the dated                 22.09.2017
    

    Deputy Commissioner in the issued by the SDO in
    format of Central Government the prescribed format
    after the last date
    of submission of
    application form
    L.P.A No. 77 of 2020 arising out of the order dated 20.12.2019 passed
    in W.P.(S) No. 3261 of 2018
    Appellant Caste Certificate No. Caste Certificate no.
    No. 1 – JHRC/2016/491413 dated JHCC/2017/1655316
    EBC-I 02.11.2016 issued by the SDO issued on 30.12.2017
    (issued actually by the C.O. in by the SDO in the
    the central government format) prescribed format after

    38
    2026:JHHC:13599-DB

    the last date of
    submission of the
    application form
    Appellant JHCC/2016/833695 dated caste certificate no.

    No. 2     - 04.01.2017 issued by the Circle     JHCC/2018/438765
    BC-II       Officer (wrongly written as SDO     issued on 10.05.2018
                in the application form) in the     by the SDO in the
                central government format           prescribed format after
                                                    the    last   date   of
                                                    submission     of  the
                                                    application form
    Appellant JHCC/2017/12453            dated      JHCC/2018/320822
    No. 3 - 27.02.2017 issued by the Circle         issued on 21.04.2018
    EBC-I     Officer (wrongly written in the       by    the     SDO    in
              application        form       as      prescribed format after
              JSC/2017/12453             dated      the    last   date   of
              22.02.2017 issued by the SDO)         submission     of  the
              in the central government             application form
              format
    Appellant JHCC/2016/637831           dated      Caste certificate no.
    No. 4 - 01.12.2016 issued by the CO             JHCC/2018/442427
    EBC-I     (wrongly     written    in   the      issued on 14.05.2018
              application form as SDO) in the       in prescribed format by
              central government format             S.D.O., however after
                                                    the    last   date   of
                                                    submission     of   the
                                                    application form
    Appellant Caste Certificate No. 874898          Caste certificate no.
    No. 5 - dated 02.08.2017 issued by the          JHCC/2017/1280800
    EBC-I     Circle Officer (wrongly written       issued on 04.10.2017
              as SDO in the application form)       in prescribed format
              in the central government             however after the last
              format                                date of submission of
                                                    the application form
    
    Appellant Caste       Certificate      No.       Caste certificate no.
    No. 6 - JHCC/2017/398288            dated        JHCC/2018/378616
    BC-II     09.05.2017 issued by the Circle        issued on 27.04.2018
              Officer (wrongly written as SDO        by S.D.O. in prescribed
              in the application form) in the        format however after
              central government format              the    last   date   of
                                                     submission     of   the
                                                     application form
    Appellant     JHCC/2016/479579           dated caste certificate no.
    

    No. 7 – 23.10.2016 issued by the CO JHCC/2017/1480139
    BC-II (wrongly written as SDO in the issued on 25.11.2017
    application form) in the central by the S.D.O. in
    government format prescribed format
    however after the last
    date of submission of
    the application form
    L.P.A No. 87 of 2020 which is arising out of the order dated 20.12.2019
    passed in W.P.(S) No. 3262 of 2018
    Appellant- Caste certificate No. Caste certificate no.
    SC JHRC/2017/716496 dated JHCC/2017/1546178
    02.06.2017 issued by the SDO dated 10.11.2017
    (the said certificate number issued by the SDO,
    actually belongs to the Chatra in proper format

    39
    2026:JHHC:13599-DB

    appellant’s Local Resident however after the last
    Certificate) date of submission of
    the online application
    form.

    L.P.A No. 88 of 2020 which is arising out of the order dated 20.12.2019
    passed in W.P.(S) No. 3636 of 2018
    Appellant- Caste Certificate No. caste certificate no.
    ST JHCC/2017/854200 dated JHCC/2017/1122887
    19.07.2017 issued by the Circle dated 17.08.2017
    Officer, Senha (wrongly written issued in the proper
    in the application form as SDO) format however the
    same was issued after
    the last date of
    submission of the
    application form
    L.P.A No. 92 of 2020 which is arising out of the order dated 20.12.2019
    passed in W.P.(S) No. 3216 of 2018
    Appellant Caste Certificate No. Caste certificate no.
    No. 1 – SC JHCC/2017/899345 dated JHCC/2017/899345
    08.07.2017 issued by SDO issued on 01.12.2017
    by S.D.O. in proper
    format after the last
    date of submission of
    the online application
    form
    Appellant Caste Certificate No. JHCC/2017/1093480
    No.2- JHCC/2017/1093480 dated dated 23.04.2018
    BC-II 04.08.2017 issued by SDO issued by the SDO,
    (However, 04.08.2017 was the Gumla in proper format
    date of registration of after the last date of
    application for issuance of caste submission of the
    certificate) online application form
    Appellant Caste Certificate No. Caste certificate no.
    No. 3 – JHCC/2017/1064861 issued on JHCC/2017/1064861
    EBC-I 13.08.2017 by SDO issued on 15.08.2017
    in proper format after
    the last date of
    submission of the
    online application form
    L.P.A No. 104 of 2020 which is arising out of the order dated 20.12.2019
    passed in W.P.(S) No. 3428 of 2018
    Appellant- JHCC/2017/969195 dated JHCC/2017/1468853
    ST 16.07.2017 issued by the SDO dated 28.12.2017
    issued by the SDO,
    Ranchi in the proper
    format after the last
    date of submission of
    the online application
    form.

    L.P.A No. 128 of 2020 which is arising out of the order dated 20.12.2019
    passed in W.P.(S) No. 4249 of 2018
    Appellant- Caste Certificate No. Case certificate no.
    EBC-I JHCC/2016/538499 dated JHCC/2018/564578
    19.01.2017 issued by the SDO in issued on 30.05.2018
    the format of Central by the SDO, Chas in
    Government proper format after the
    last date of submission
    of the application form.

    40

    2026:JHHC:13599-DB

    L.P.A No. 133 of 2020 which is arising out of the order dated 20.12.2019
    passed in W.P.(S) No. 3248 of 2018
    Appellant- Caste Certificate No. caste certificate no.
    BC-II JHCC/2017/22737 dated JHCC/2018/431319
    11.01.2017 issued by the C.O. dated 09.05.2018
    (the said caste certificate issued by the SDO,
    number is actually issued under Deoghar in proper
    BC-I category) format issued after the
    last date of submission
    of the application form.

    L.P.A No. 183 of 2020 which is arising out of the order dated 20.12.2019
    passed in W.P.(S) No. 3476 of 2018
    Appellant Caste Certificate No. caste certificate no.
    No. 1 – JHCC/2016/606039 dated JHCC/2018/262013
    EBC-I 22.11.2016 issued by the Circle dated 25.04.2018
    Officer, Suriya (wrongly written issued by the SDO,
    in the application form as SDO) Suriya after the last
    date of submission of
    the application form.

    Appellant Caste Certificate No. caste certificate no.
    No. 2 – JHCC/2017/91628 dated JHCC/2018/441616
    EBC-1 22.01.2017 (however, the said dated 10.05.2018
    date is date of registration and issued by the SDO,
    not issue date) Dumri after the last
    date of submission of
    the application form.

    L.P.A No. 193 of 2020 which is arising out of the order dated 20.12.2019
    passed in W.P.(S) No. 4255 of 2018
    EBC-I Caste certificate No. 336 dated Caste certificate no. 15
    28.01.2017 dated 28.01.2017
    issued by the SDO
    Giridih not mentioning
    about creamy layer.

                                                           After show cause, he
                                                           submitted           Caste
                                                           Certificate           No.
                                                           JHCC/2016/326805
                                                           dated 30.09.2016 of
                                                           EBC-I category issued
                                                           by the C.O, Giridih
    

    L.P.A No. 266 of 2020 which is arising out of the order dated 20.12.2019
    passed in W.P.(S) No. 6017 of 2018
    Appellant- Caste Certificate No. 496 dated Caste Certificate No.
    BC-II 08.08.2013 issued by the Circle JHCC/2018/296239
    Officer (wrongly written in the dated 18.05.2018
    application from as SDO) issued by the D.C,
    Seraikella-Kharsawan
    which was issued after
    the last date of
    submission of the
    online application
    form.

    40. Advertisement No. 7 of 2017 was issued by the JSSC for appointment

    to the post of Jharkhand Police Inspector (Wireless) and the last date for

    41
    2026:JHHC:13599-DB

    submission of Online Application Forms was fixed as 02.09.2017.

    Relevant Clauses of the Advertisement:-

    Clause-3:-

    परीक्षा के नलए आवेदन दे ने के पूवि अभ्यथी यह सुनननित ह लें नक वे नवज्ञानपत पद

    की पात्रता के नवषय पर प्रकानशत सभी शर्त् ं क पूरा करते हैं । परीक्षा में बैठने की

    अनुमनत पूणितः औपबप्तिक ह िी। परीक्षा के नलए प्रवेश पत्र ननिित ह ना प्रमानणत

    नहीं करता है नक अभ्यथी नवज्ञानपत पद पर ननयुप्तक्त के नलए ियन हे तु ननधाि ररत

    पात्रता पूरी करते हैं क् नं क आय ि परीक्षा के बाद अपनी सुनवधा के अनुसार नकसी

    भी समय अभ्यनथिय ं की पात्रता से सम्बप्तित प्रमाण पत्र ं की जााँ ि करे िा। प्रमाण

    पत्र जााँ ि के पिात अभ्यथी की पात्रता के नबन्दु पर अंनतम ननणिय ह सकेिा। नकसी

    भी समय पात्रता पूरी नहीं करने वाले अभ्यनथिय ं का आवेदन / अभ्यनथिता रद्द नकया

    जा सकता है ।

    7. आरक्षण :

    (I) आवेदन में ननयत प्रनवनि के अधीन इं नित आरक्षण का दावा नहीं करने पर

    आरक्षण का लाभ नहीं नमलेिा।

    (II) आरक्षण एवं उम्र में छूि का लाभ केवल झारखण्ड राज्य के स्थानीय ननवासी

    क ही दे य ह िा।झारखण्ड राज्य के बाहर के सभी उम्मीदवार अनारनक्षत / सामान्य

    विि के माने जायेंिे।

    (III) झारखण्ड सरकार द्वारा लािू आरक्षण सम्बिी सभी ननयम प्रभावी ह ि
    ं े।

    आरक्षण का दावा करने वाले झारखण्ड के स्थानीय ननवासी उम्मीदवार क ननम्न

    प्रमाण-पत्र आय ि द्वारा प्रमाण-पत्र ं की जााँ ि के अवसर पर समनपित करना

    अननवायि ह िा:-

    (i) जानत प्रमाण पत्र – नजला / अनुमंडल के उपायुक्त / अनुमण्डल

    42
    2026:JHHC:13599-DB

    पदानधकारी से नवनहत प्रपत्र [अनुसूनित जानत / अनु सूनित जनजानत के

    नलए पररनशि – I पर अंनकत प्रपत्र तथा अत्यंत नपछडा विि

    (अनुसूिी – 1) / नपछडा विि (अनुसूिी-2) के नलए पररनशि – II पर

    अंनकत प्रपत्र ] में अद्यतन ननिित जानत प्रमाण-पत्र |

    (ii) अत्यंत नपछडा विि (अनुसूिी – 1) एवं अत्यंत नपछडा विि

    (अनुसूिी-2) के नलए नदनां क 31.03.2015 के पिात् नवनहत प्रपत्र

    (पररनशि – II पर अंनकत प्रपत्र) में ननिित जानत प्रमाण पत्र मान्य ह िा ।

    (iii) अनुसूनित जानत, अनु सूनित जन जानत, नपछडा विि (अनुसूिी-1 )

    एवं अत्यंत नपछडा विि (अनुसूिी – 2 ) एवं मनहला के आरनक्षत पद ं के

    नलए स्थानीय ननवासी प्रमाण पत्र कानमिक, प्रशासननक सुधार तथा

    राजभाषा नवभाि के पत्रां क- 9650 नदनां क- 02.06.2016 द्वारा ननधाि ररत

    प्रपत्र (पररनशि – III पर अंनकत प्रपत्र ) में नजला / अनु मंडल के उपायुक्त

    / अनुमण्डल पदानधकारी के स्तर से ननिित स्थानीय ननवासी प्रमाण पत्र

    मान्य ह िा एवं अननवायि रूप से प्रमाण पत्र की संख्या तथा नतनथ आवेदन

    में अं नकत करना ह िा, नजसे प्रमाण पत्र ं के जााँ ि कायिक्रम में अननवायि

    रूप से जााँ ि हे तु उपस्थानपत करना ह िा।

    स्थानीय ननवासी प्रमाण पत्र का प्रपत्र पररनशि – III के रूप में नववरनणका में सं लग्न

    है । आवेदक उपयुिक्त प्रपत्र ं में सक्षम स्तर से प्रमाण पत्र प्राप्त करने के उपरान्त ही

    ऑन लाईन आवेदन पत्र भरना सुनननित करें तथा ऑन लाईन आवेदन प्रपत्र में यथा

    स्थान अपने जानत प्रमाण पत्र, स्थानीय ननवासी प्रमाण पत्र की संख्या एवं ननिि म

    नतनथ दजि करें । उक्त प्रमाण पत्र ं की मां ि / जााँ ि आय ि आवश्यकतानुसार कभी

    भी कर सकता है ।

    सक्षम स्तर से नभन्न स्तर एवं नववरनणका के पररनशि – I पररनशि – II एवं

    43
    2026:JHHC:13599-DB

    पररनशि – III पर अंनकत प्रपत्र से नभन्न प्रपत्र में ननिि त जानत प्रमाण पत्र / स्थानीय

    ननवासी प्रमाण पत्र मान्य नहीं ह िा तथा ऐसे प्रमाण पत्र ं के आधार पर भरे िये

    आवेदन पत्र ननयुप्तक्त प्रनक्रया के नकसी भी स्तर पर रद्द नकये जा सकते है , नजसके

    नलए संबंनधत आवेदक स्वयं उतरदायी ह िे ।

    Clause -8 :- ONLINE आवेदन पत्र क भरना एवं Submit करना:-

    ऑन-लाईन आवेदन क भरने के नलए नदए िये नदशा ननदे श का अक्षरशः पालन

    करें । आवेदन पत्र में दी िई सूिनाओं से पूणि संतुि ह ने के पिात ही आवेदन पत्र

    क जमा (Submit) करें । आवेदन पत्र भरने के नलए आय ि के वेबसाइि

    www.jssc.in अथवा www.jssc.nic.in पर जाएाँ एं व Online Application for

    JPRSIWCE – 2017 पर Click करें तथा आवेदन पत्र भरें ।

    शैक्षनणक य ग्यता एवं आरक्षण का दावा के संबंध में अभ्यथी यह सुनननित ह ले

    नक आवेदन की नतनथ तक वे आवश्यक अहर्त्ाि पूणि करते हैं एं व एतत् संबंधी वां नछत

    प्रमाण-पत्र उनके पास उपलब्ध है ।

    आवेदक ं क सूनित नकया जाता है नक आवेदन Submit करने के पूवि भरे

    िये आवेदन क ठीक से दे ख लें। यनद क ई त्रुनि है त उसे सुधार कर ही आवे दन

    Submit करें । एक बार आवेदन Submit करने के पिात् नकसी भी प्रनवनि में सु धार

    का क ई भी दावा मान्य नहीं ह िा और भरे िये आवे दन के आधार पर ही आवे दक

    की परीक्षा ली जायेिी।

    अतः आवेदक ं क सलाह दी जाती है नक Online आवेदन फामि भरने के

    पूवि में आय ि के अनधकृत वेबसाइि से परीक्षा की नववरनणका Download करने

    के पिात् ही फामि भरें वाह्य स्त्र त से उपलब्ध नववरनणका के आधार पर फामि भरने

    में यनद क ई त्रुनि ह ती है त आवेदक स्वयं इसके नलए नजम्मेवार ह ि
    ं े।

    Clause-14 अन्यान्यः –

    44

    2026:JHHC:13599-DB

    3. आवेदन में अंनकत सूिनाओं एवं प्रनविय ं की पूणि नजम्मेवारी आवेदक की ह िी

    तथा नकसी भी प्रकार की िलत जानकारी के नलए आवेदक स्वयं उर्त्रदायी ह ि
    ं े।

    41. The appellant of L.P.A No. 105 of 2020 (arising out of the order dated

    20.12.2019 passed in W.P.(S) No. 2398 of 2018) filled up his online

    application form for the said advertised post. He appeared in the written

    examination and after clearing it, he was called for document verification

    on 08.01.2018. The final result of the said examination was published on

    17.04.2018. The appellant was treated as “general category” candidate

    and he was not declared successful as he secured lesser marks than the

    last selected candidate under “general category”.

    42. For better appreciation of the claim of the appellant, the details of his

    category, particulars of the caste certificate mentioned by him in the

    online application form as well as the caste certificate submitted by him

    at the time of document verification or after issuance of show cause

    notices, are given hereunder: –

    Category of Caste certificate mentioned by Caste certificate
    the the appellant in the Online submitted by the
    appellant Application Form appellants at the time of
    document verification
    or after the show cause
    EBC-I Caste Certificate No. 1789444 Same caste certificate
    dated 03.10.2016 issued by the particulars of which was
    SDO, Ranchi which was in the filled up in the online
    format of the Central application form. After
    Government. (caste certificate show cause, he filed the
    number mentioned in the caste certificate no.

                        application form was wrong as        3032 dated 02.07.2010
                        the said number was registration     issued by the D.C.
                        number.)                             Ranchi in which there
                                                             was     no    mentioning
                                                             about the creamy layer.
                                                             Another             caste
                                                             certificate         dated
                                                             10.02.2018 was filed
                                                             which was issued after
                                                             the     last   date     of
                                                             submission      of     the
                                                             application form.
    
    
    
    
                                            45
                                                                    2026:JHHC:13599-DB
    
    
    
    
    

    43. Advertisement No. 21 of 2016 was issued by JSSC for appointment

    to the post of Graduate Trained Teachers in different subjects and the last

    date for submission of the online application forms was fixed as

    25.04.2017.

    Relevant Clauses of the Advertisement:-

    Clause – 3:- परीक्षा के नलए आवेदन दे ने के पूवि अभ्यथी यह सुनननित ह लें नक

    वे नवज्ञानपत पद की पात्रता के नवषय पर प्रकानशत सभी शतों क पूरा करते हैं ।

    परीक्षा में बैठने की अनुमनत पूणितः औपबंनधक ह िी। परीक्षा के नलए प्रवेश पत्र

    ननिित ह ना प्रमानणत नहीं करता है नक अभ्यथी नवज्ञानपत पद पर ननयुप्तक्त के नलए

    ियन हे तु ननधाि ररत पात्रता पूरी करते हैं क् नं क आय ि परीक्षा के बाद यथ नित

    संख्या में अभ्यनथिय ं की पात्रता से सम्बप्तित प्रमाण पत्र ं की जााँ ि कर सकता है ।

    Clause-8 आरक्षण-:

    (i) आवेदन में ननयत प्रनवनि के अधीन इं नित आरक्षण का दावा नहीं करने पर

    आरक्षण का लाभ नहीं नमलेिा।

    (v) नवज्ञापन – प्रकाशन की नतनथ तक झारखण्ड सरकार द्वारा लािू आरक्षण

    सम्बिी सभी ननयम प्रभावी ह ि
    ं े। आरक्षण का दावा करने वाले झारखण्ड के

    स्थानीय ननवासी उम्मीदवार क ननम्न प्रमाण-पत्र आय ि द्वारा प्रमाण-पत्र ं की जााँ ि

    के अवसर पर समनपित करना अननवायि ह िा:-

    (i) जानत प्रमाण पत्र – नजला / अनुमंडल के उपायुक्त / अनुमण्डल

    पदानधकारी से नवनहत प्रपत्र (अनुसूनित जानत / अनु सूनित जनजानत के

    नलए पररनशि – III अंनकत प्रपत्र तथा अत्यंत नपछडा विि (अनुसूिी-1)

    के नलए पररनशि – II पर अंनकत प्रपत्र) में अद्यतन ननिित जानत प्रमाण-

    पत्र ।

    (ii) अत्यंत नपछडा विि (अनुसूिी-1) एवं अत्यंत नपछडा विि अनुसूिी-2

    46
    2026:JHHC:13599-DB

    के नलए नवहत प्रपत्र (पररनशि – II पर अंनकत प्रपत्र) में ननिित जानत प्रमाण

    पत्र मान्य ह िा ।

    (iii) स्थानीय ननवासी प्रमाण पत्र नवनहत प्रपत्र (पररनशि-1 पर अंनकत

    प्रपत्र) में ननिित जानत प्रमाण पत्र मान्य ह िा एवं यह प्रमाण पत्र

    02.06.2016 के पिात ननिित ह ना िानहए ।

    जानत प्रमाण पत्र का प्रपत्र पररनशि के रूप में नववरनणका में सं लग्न है ।

    प्रमाण पत्र अननवायितः आवेदन दे ने की नतनथ अथवा उसके पूवि का ह ना िानहए ।

    Clause :- 9 – Online आवेदन पत्र क भरना एवं submit करना :-

    ऑन-लाईन आवेदन क भरने के नलए नदए िये नदशा ननदे श का अक्षरशः पालन

    करें । आवेदन पत्र में दी िई सूिनाओं से पूणि संतुि ह ने के पिात ही आवेदन पत्र

    क जमा (Submit) करें । आवेदन पत्र भरने के नलए आय ि के वेबसाइि

    www.jssc.in पर जाएाँ एवं Online Application for CGTTCE-2016 पर Click

    करें तथा आवेदन पत्र भरें । आवेदक ं क सू नित नकया जाता है नक आवे दन

    Submit करने के पूवि भरे िये आवेदन क ठीक से दे ख लें। यनद क ई त्रुनि है त

    उसे सुधार कर ही आवेदन Submit करें । एक बार आवेदन Submit करने के

    पिात् परीक्षाफल क प्रभानवत करने वाले नकसी भी प्रनवनि में सुधार का क ई भी

    दावा मान्य नहीं ह िा और भरे िये आवेदन के आधार पर ही आवेदक की परीक्षा

    ली जायेिी ।

    (i) ऑनलाईन आवेदन में क्षैनतज आरक्षण तथा अनू सूनित नजल ं की ररप्तक्तय ं के

    नवरूद्ध आवेदन करने वाले सभी अभ्यनथिय ं क झारखण्ड का स्थानीय ननवासी

    प्रमाण पत्र संख्या तथा नदनां क भरना अननवायितः आवश्यक ह िा। नदनां क

    02.06.2016 के पिात ननिित झारखण्ड का स्थानीय ननवासी प्रमाण पत्र ही मान्य

    ह िा । नवनहत प्रपत्र पररनशि- III में है ।

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    (ii) अनूसूनित नजल ं तथा अन्य नजल ं में आरक्षण का दावा करने वाले अभ्यनथि य ं

    क जानत प्रमाण पत्र का प्रमाण पत्र संख्या तथा नदनां क भरना आवश्यक ह िा।

    प्रमाण पत्र अननवायितः आवेदन दे ने की नतनथ अथवा उसके पूवि का ह ना िानहए

    Clause 16 :- अन्यान्य

    2. आवेदन में अंनकत सू िनाओं एवं प्रनविय ं की पूणि नजम्मेवारी आवेदक की ह िी
    तथा नकसी भी प्रकार की िलत जानकारी के नलए आवेदन स्वयं उर्त्रदायी ह ि
    ं े।

    Relevant Clause of ‘Necessary Information’ issued for the

    documents verification:-

    Note:- अभयनथिय ं द्वारा आवेदन पत्र मे नजस प्रमाण पत्र की संख्या एवं ननिित नतनथ

    तथा आरक्षण क िी का दावा नकया िया है उस प्रमाण पत्र / उस क िी से नभन्न

    जानत का प्रमाण पत्र तथा उपयुिक्त नवनहत प्रपत्र से नभन्न प्रपत्र ं मे प्रस्तुत नकए िए

    प्रमाण पत्र स्वीकार नहीं ह ि
    ं े।

    44. The appellants of L.P.A No. 115 of 2020 (arising out of the order dated

    20.12.2019 passed in W.P.(S) No. 2950 of 2019) filled up their online

    application forms for the said advertised posts. They appeared in the

    written examination and after passing the said examination, they were

    called for document verification on 11.01.2019. The final state wise

    result/merit list for the said examination was published in compliance of

    the order passed by the Hon’ble Supreme Court in Satyajit Kumar Vs.

    The State of Jharkhand reported in (2022) 18 SCC 284 in which the

    appellants were not declared successful as they secured lesser marks

    than that of the last selected candidate under “general category”.

    45. For better appreciation of the claims of the appellants, the details of their

    categories, particulars of the caste certificates mentioned by them in the

    online application forms as well as the caste certificates submitted by

    48
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    them at the time of document verification or after issuance of show cause

    notices, are given as under:-

    Category Caste certificate mentioned by Caste certificate
    of the the appellant in the Online submitted by the
    appellant Application Form appellants at the time
    of document
    verification
    Appellant Caste Certificate No. At the time of
    No. – 1 – JHCC/2017/238333 dated document verification
    BC-II 18.03.2017 issued by the SDO he had submitted the
    under OBC Category in the same caste certificate
    format of Central Government and after show cause
    he submitted caste
    certificate no.

                                                     JHCC/2019/10604
                                                     dated        08.01.2019
                                                     issued by the SDO in
                                                     proper format however
                                                     the same was issued
                                                     after the last date of
                                                     submission      of    the
                                                     application form.
         Appellant   Caste       Certificate     No. Same caste certificate
         No. 2 - JHCC/2017/138601              dated particulars of which
         BC-II       06.03.2017 issued by the SDO in was filled up in the
                     the    format      of   Central online       application
                     Government                      form. After show cause
                                                     notice, she submitted
                                                     Caste Certificate No.
                                                     JHCC/2019/66663
                                                     dated        17.01.2019
                                                     issued by the SDO in
                                                     prescribed        format
                                                     however after the last
                                                     date of submission of
                                                     the application form.
    
    
    
    

    46. Advertisement No. 10 of 2017 was issued by JSSC for appointment

    to the post of Post Graduate Trained Teacher in different subjects and the

    last date for submission of online application forms was fixed as

    30.12.2017 which was subsequently extended upto 10.01.2018.

    Relevant Clauses of the Advertisement:-

    Clause – 3:- परीक्षा के नलए आवेदन दे ने के पूवि अभ्यथी यह सुनननित ह लें नक

    वे नवज्ञानपत पद की पात्रता के नवषय पर प्रकानशत सभी शतों क पूरा करते हैं ।

    परीक्षा में बैठने की अनुमनत पूणितः औपबप्तिक ह िी। परीक्षा के नलए प्रवेश पत्र

    49
    2026:JHHC:13599-DB

    ननिित ह ना प्रमानणत नही करता है नक अभ्यथी नवज्ञानपत पद पर ननयुप्तक्त के नलए

    ियन हे तु ननधाि ररत पात्रता पूरी करते हैं क् नं क आय ि मुख्य परीक्षा के बाद सफल

    अभ्यनथिय ं की पात्रता से सम्बप्तित प्रमाण पत्र ं की प्रारप्तिक जााँ ि कर सकता है ।

    ननधाि ररत जााँ ि कायिक्रम में अनुपप्तस्थत रहने तथा आवे दन में भरे िये पात्रता सम्बिी

    प्रमाण पत्र प्रस्तुत नहीं करने पर आरक्षण का लाभ अनुमान्य नहीं ह िा / अभ्यनथि ता

    रदद की जा सकती है ।

    Clause – 10 आरक्षण-:

    (I) आवेदन में ननयत प्रनवनि के अधीन इं नित आरक्षण का दावा नहीं करने पर

    आरक्षण का लाभ नहीं नमलेिा। आरक्षण का दावा करने पर यह माना जाएिा नक

    अभ्यथी द्वारा दावा नकये िए आरक्षण क नि का सक्षम स्तर से ननिित प्रमाण पत्र

    धाररत नकया जाता है ।

    (III) नवज्ञापन प्रकाशन की नतनथ तक झारखण्ड सरकार द्वारा लािू आरक्षण सम्बिी

    सभी ननयम प्रभावी ह ि
    ं े। आरक्षण का दावा करने वाले झारखण्ड के स्थानीय

    ननवासी उम्मीदवार क ननम्न प्रमाण-पत्र आय ि द्वारा प्रमाण-पत्र ं के सत्यापन के

    अवसर पर समनपित करना अननवायि ह िा:-

    (i) जानत प्रमाण पत्र – नजला / अनुमंडल के उपायुक्त / अनुमण्डल

    पदानधकारी से नवनहत प्रपत्र (अनुसूनित जानत / अनु सूनित जनजानत के

    नलए पररनशि – 1 पर अंनकत प्रपत्र तथा अत्यंत नपछडा विि (अनुसूिी-1

    एवं 2 ) के नलए पररनशि – II पर अंनकत प्रपत्र में अद्यतन ननिित जानत

    प्रमाण-पत्र |

    (ii) अत्यंत नपछडा विि अनुसूिी-1 एवं नपछडा विि अनुसूिी-2 के नलए

    नदनां क 31.03.2015 के पिात् नवनहत प्रपत्र (पररनशि – II पर अंनकत

    प्रपत्र ) में ननिित जानत प्रमाण पत्र मान्य ह िा।

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    (iii) मनहलाओं के आरनक्षत पद ं के नलए स्थानीय ननवासी प्रमाण पत्र

    कानमिक, प्रशासननक सुधार तथा राजभाषा नवभाि के पत्रां क 4650

    नदनां क 02.06.2016 द्वारा ननधाि ररत प्रपत्र (पररनशि – III पर अंनकत

    प्रपत्र ) में अनुमण्डल पदानधकारी के स्तर से ननिि त स्थानीय ननवासी

    प्रमाण पत्र मान्य ह िा एवं अननवायि रूप से प्रमाण पत्र की संख्या तथा

    नतनथ आवेदन में अंनकत करना ह िा तथा इस प्रमाण पत्र क प्रमाण पत्र ं

    के सत्यापन कायिक्रम में अननवायि रूप से सत्यापन हे तु प्रस्तुत करना

    ह िा ।

    (iv) नदव्ां ि क नि ( दृनिद ष / मूक बनधर / िलन ननः शक्तता, से ररब्रल

    पाल्सी) के तहत क्षैनतज आरक्षण का दावा करने वाले अभ्यनथिय ं क 40

    प्रनतशत अथवा उससे अनधक नदव्ां िता प्रमाण पत्र की संख्या एवं उसके

    ननििम की नतनथ ऑन लाईन आवेदन पत्र में अंनकत करनी ह िी तथा

    प्रमाण पत्र ं के जााँ ि के समय उक्त प्रमाण पत्र जााँ ि हे तु आय ि क

    उपलब्ध कराना ह िा । नदव्ां ि क नि के अधीन क्षैनतज आरक्षण का लाभ

    झारखण्ड राज्य के स्थानीय ननवासी अभ्यनथिय ं क ही दे य है ।

    (v) सभी वां नछत प्रमाण पत्र ं की संख्या एवं ननिित नतनथ आवेदन में अंनकत

    करना अननवायि है ।

    स्थानीय ननवासी प्रमाण/पत्र जानत प्रमाण पत्र का प्रपत्र पररनशि के रूप में

    नववरनणका में सं लग्न है । आवेदक उपयुिक्त प्रपत्र ं में सक्षम स्तर से प्रमाण पत्र प्राप्त

    करने के उपरान्त ही ऑन लाईन आवेदन पत्र भरना सुनननित करे तथा ऑन लाईन

    आवेदन प्रपत्र में यथा स्थान अपने जानत प्रमाण पत्र, स्थानीय ननवासी प्रमाण पत्र की

    संख्या एवं ननिि म नतनथ दजि करें । उक्त प्रमाण पत्र ं की मां ि आय ि

    आवश्यकतानुसार कभी भी कर सकता है ।

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    2026:JHHC:13599-DB

    न ि:- सक्षम स्तर से नभन्न स्तर एवं नववरनणका के पररनशि – I, पररनशि – II एवं

    पररनशि – III पर अंनकत प्रपत्र से नभन्न प्रपत्र में ननिि त जानत प्रमाण पत्र / स्थानीय

    ननवासी प्रमाण पत्र मान्य नहीं ह िा तथा ऐसे प्रमाण पत्र ं के आधार पर भरे िये

    आवेदन पत्र ननयुप्तक्त प्रनक्रया के नकसी भी स्तर पर रद्द नकये जा सकते है , नजसके

    नलए संबंनधत आवेदक स्वयं उतरदायी होंगे ।

    12. आवेदन पत्र क भेजना:-

    ऑनलाईन आवेदन क भरने के नलए नदए िये नदशा ननदे श का अक्षरशः पालन

    करें । आवेदन पत्र में प्रनवि सूिनाओं से पूणि संतुि ह ने के पिात् ही आवेदन पत्र

    क समनपित (Submit) करें । आवेदन पत्र भरने के नलए आय ि के वेबसाइि

    www.jssc.in या www.jssc.nic.in पर जाएाँ एवं Online Application for

    PGTTCE – 2017 पर Click करें तथा आवेदन पत्र भरें । आवेदन पत्र भरने के क्रम

    में ननयुप्तक्त हे तु पद का नवकल्प अपनी शैक्षनणक य ग्यतानुसार दे ना आवश्यक

    ह िा। आवेदक ं क सूनित नकया जाता है नक आवे दन Submit करने के पूवि भरे

    िये आवेदन क ठीक से दे ख लें। यनद क ई त्रुनि है त उसे सुधार कर ही आवे दन

    Submit करें । एक बार आवेदन Submit करने के पिात् परीक्षाफल क प्रभानवत

    करने वाली नकसी भी प्रनवनि यथा जन्म नतनथ, जानत, ननः शक्तता प्रमाण पत्र, स्थानीय

    ननवासी प्रमाण पत्र, ियननत नवषय इत्यानद में सुधार का क ई भी दावा मान्य नहीं

    ह िा और भरे िये आवेदन के आधार पर ही आवेदक के सन्दभि में परीक्षा प्रनक्रया

    पूरी ह िी। ऑनलाईन आवेदन में अभ्यनथिय ं के द्वारा नजन प्रमाण पत्र ं की सं ख्या

    एवं नतनथ का उल्लेख नकया जाएिा उन प्रमाण पत्र ं की मूल प्रनत सत्यापन कायिक्रम

    में अननवायि रूप से सत्यापन हे तु प्रस्तुत करना ह िा अन्यथा आरक्षण का लाभ दे य

    नहीं ह िा / अभ्यनथिता रद्द समझी जाएिी ।

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    Clause 22 :- अन्यान्य

    (2). आवेदन में अंककत सूचनाओ एवं प्रनवनियों की पूर्ण किम्मेवारी आवेदक की होगी

    तथा ककसी भी प्रकार की गलत िानकारी के कलए आवेदक स्वयं उत्तरदायी होंगे।

    47. The appellants of L.P.A No. 125 of 2020, L.P.A No. 126 of 2020 and L.P.A

    No. 127 of 2020 filled up their respective online application forms for the

    said advertised post. They appeared in the written examination and after

    passing the said examination, they were called for document verification

    on 12.07.2018. The appellants were treated under “general category” and

    since they scored lesser marks than that of the last selected candidate of

    “general category”, they were declared unsuccessful. The selection

    process of the said advertisement has already been completed.

    48. For better appreciation of the claims of the appellants, the details of their

    categories, particulars of the caste certificates mentioned by them in the

    online application forms as well as the caste certificates submitted by

    them at the time of document verification or after issuance of show cause

    notices, are given below:-

    Category Caste certificate mentioned by Caste certificate
    of the the appellant in the Online submitted by the
    appellant Application Form appellants at the time
    of document
    verification or after
    show cause
    L.P.A No. 125 of 2020 arising out of the order dated 20.12.2019 passed
    in W.P.(S) No. 5514 of 2018
    Appellant- Caste Certificate No. Submitted the same
    BC-II JHCC/2017/1706685 dated caste certificate
    06.01.2018 issued by the SDO mentioned in the
    under OBC Category in the online application form
    format of Central Government and after show cause
    she submitted caste
    certificate no.

    JHCC/2018/894173
    dated 13.07.2018
    issued by the SDO in

    53
    2026:JHHC:13599-DB

    proper format after the
    last date of
    application.

    L.P.A No. 126 of 2020 which is arising out of the order dated 20.12.2019
    passed in W.P.(S) No. 5903 of 2018
    Appellant- Caste Certificate No. Submitted the same
    BC-II JHCC/2016/392355 dated caste certificate
    20.08.2016 issued by the DC mentioned in the
    under OBC Category in the online application form
    format of Central Government and after show cause
    she submitted caste
    certificate no. JHCC/
    2018/834109 dated
    10.07.2018 issued by
    the SDO in proper
    format, however the
    same was issued after
    the last date of
    submission of the
    application form.

    L.P.A No. 127 of 2020 which is arising out of the order dated 20.12.2019
    passed in W.P.(S) No. 5896 of 2018
    Appellant- Caste Certificate No. At the time of
    BC-II JHCC/2017/06330 dated document verification
    10.01.2017 issued by the SDO she submitted the
    under OBC Category in the same caste certificate
    format of Central Government and after show cause,
    she submitted the
    caste certificate no.

                                                           JHCC/2018/834749
                                                           dated        07.07.2018
                                                           issued by the SDO in
                                                           proper            format,
                                                           however the same was
                                                           issued after the last
                                                           date of submission of
                                                           the application form.
    
    
    
    

    49. On perusal of the sub-clauses of clauses-9 as mentioned in the

    Advertisement No. 2 of 2016 referred hereinabove, it emerges as follows:

    (i) At the time of filling up the online application

    form, a candidate belonging to reserved category

    (SC/ST.BC-I/BC-II) must have possessed the caste

    certificate issued by the Deputy Commissioner/Sub-

    Divisional Officer in the prescribed Form-I or Form-II as

    published by the Department of Personnel, Administrative

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    2026:JHHC:13599-DB

    Reforms and Rajbhasa, Government of Jharkhand vide

    Memo No. 5682 dated 22.10.2008 and Memo No. 10007

    dated 29.08.2012.

    (ii) The particulars of the said caste certificate must

    have been filled up by the candidate claiming reservation

    under the aforesaid categories in the online application

    form at the specified column, failing which his/her

    candidature was to be treated under “general category”.

    (iii) The required caste certificate was to be

    produced in original at the time of document verification,

    failing which the candidature of such candidate was to be

    cancelled.

    (iv) It was also mentioned that the candidature of a

    candidate claiming reservation under the aforesaid

    categories would be cancelled in case any difference was

    found between the particulars of the caste certificate

    entered in the online application form and the original

    caste certificate produced at the time of

    interview/document verification.

    50. Thus, aforesaid clauses, in unequivocal terms, were communicated to all

    the candidates belonging to reserved category mandating that they must

    possess valid caste certificates issued by the competent authority in the

    format prescribed in the said advertisement and that the particulars of

    the valid caste certificate had to be mandatorily filled up in the online

    application forms. At the time of interview/document verification, the

    original caste certificate, the particulars of which were mentioned in the

    55
    2026:JHHC:13599-DB

    online application, was to be produced before the authority. It was clearly

    stipulated that if any of the candidates failed to comply the said

    requirement, his/her candidature would be liable to be cancelled. The

    similar stipulations were also made in all other advertisements in

    question. On perusal of the said conditions made in the advertisements,

    it would be evident that the compliance of the said terms and conditions

    was not made optional but mandatory for all the candidates claiming

    reservation under their respective categories.

    51. The constitutional validity of Clause 9 (gha) of the Advertisement No. 2

    of 2016 and similar stipulations in other advertisements came to be

    examined by the Full Bench of this Court and in the order dated

    15.09.2025, the issue no. ‘B’ was decided observing as under: –

    “81. Thus, Clause 9(gha) of the Advertisement No.2 of
    2016 and a similar stipulation in the other
    advertisements cannot be said to be against the
    constitutional mandate under Articles 14, 16 and 335,
    rather it has been incorporated in the advertisement
    for smooth conduction of the examination process.
    There is a well-known legal maxim ignorantia juris
    non excusat which literally means that ignorance of
    law is of no excuse. It is the duty of an aspirant for
    public employment to read and note the terms of
    advertisement and if he/she finds any of the terms
    ambiguous, a clarification may be sought. If the
    aspirant does not make any such effort and takes a
    calculated chance by appearing in the examination, it
    is not open for him/her to challenge any of the terms
    and conditions of the Advertisement after
    participating in the same.”

    52. In the present batch of appeals, none of the appellants have claimed that

    they had strictly complied with the conditions mentioned in the

    advertisements for claiming reservation and they had filled up the

    56
    2026:JHHC:13599-DB

    particulars of valid caste certificates issued to them by the Deputy

    Commissioner/Sub-Divisional Officer in the prescribed format, rather from

    the facts of the cases, it is evident that in the online application forms,

    some of the appellants had entered the particulars of the caste certificates

    issued by the Sub-Divisional Officer in the format of Central Government

    or some had entered the particulars of the caste certificates issued by the

    Circle Officer and wrongly filled up the online application forms

    mentioning that the same were issued by the Sub-Divisional Officer.

    Moreover, some of the appellants had filled up the registration date of

    their forms applied for getting the caste certificates in the column- “caste

    certificate date of issue” as specified in the ‘Personal Details’ part of the

    application forms. Some candidates had even entered the wrong caste

    certificate number or wrong date of issue in the specified columns of the

    online application forms. In fact, the appellants had produced the caste

    certificates in the prescribed format either at the time of document

    verification or after issuance of show cause notices that too obtained after

    the last date of submission of the application forms.

    53. Thus, the facts and circumstances of the present batch of appeals are not

    similar to the case of Ram Kumar Gijroya (supra.), rather the cut-off

    date for obtaining the caste certificate in the prescribed format was fixed

    in the advertisements in question and the same was required to be

    mandatorily followed by the appellants.

    54. Mr. Sanjay Piprawal, learned counsel appearing on behalf of the

    respondent-JPSC/JSSC, has placed reliance on few judgments rendered

    by different Co-ordinate Benches of this Court and we have also perused

    those judgments.

    57

    2026:JHHC:13599-DB

    55. In the case of Dr. Sweta Kumari Vs. The State of Jharkhand &

    Others (L.P.A No. 91 of 2020), the appellant was treated under the

    “general category” on the ground that in the online application form, she

    had filled up the details of the caste certificate issued in central format

    whereas at the time of scrutiny, she had submitted different caste

    certificate. The writ petition filed by the said appellant was dismissed and

    the Division Bench of this Court also dismissed the appeal.

    56. In the case of Pawan Oraon Vs. The State of Jharkhand & Others

    (L.P.A No. 530 of 2024), the Division Bench of this Court had an

    occasion to deal with a case where the appellant had submitted the online

    application form by filling up the particulars of the caste certificate issued

    in the central format. He was allowed to appear in the preliminary as well

    as mains examinations, however at the time of declaration of final result,

    he was treated as “general category” candidate and his name did not find

    place among the successful candidates. The writ petition filed by the said

    appellant was dismissed. In appeal, the Division Bench of this Court held

    that the condition stipulated in Clauses 7(a), 7(b) and 7(c)(i) of the

    concerned advertisement was to be mandatorily followed by submitting

    the caste certificate in due format as contained in the advertisement itself,

    failing which no benefit of reservation was to be given, rather the

    candidature was required to be considered under the unreserved

    category. In the said case, the claim of the appellant was that since his

    candidature was accepted at the time of participating in the preliminary

    and the mains examinations, his candidature, at the time of

    interview/during the document verification, should not have been

    rejected. The said claim was also not accepted by the learned Division

    58
    2026:JHHC:13599-DB

    Bench by observing that in view of the specific condition stipulated in the

    advertisement under clause 7(b) wherein it was provided that the

    document verification (including the caste certificate) was to be made at

    the time of the interview and since at the time of scrutiny of the

    documents, the caste certificate of the appellant was not found in terms

    of the said conditions stipulated in the advertisement, his candidature

    was rejected. .

    57. In the case of Sher Mohammad Vs. The State of Jharkhand &

    Others (L.P.A No. 183 of 2024) also, the candidature of the appellant

    was rejected on the ground that he had submitted the caste certificate in

    the central format. The writ petition filed by the appellant was dismissed

    by holding inter alia that the caste certificate produced by him at the time

    of filling up the online application form of the mains examination could

    not be said to be sufficient compliance of production of the required caste

    certificate. In appeal before the Division Bench, the appellant raised the

    issue that his candidature ought not to have been rejected after allowing

    him to participate in the preliminary and mains examinations. The

    contention of the appellant was rejected by the Division Bench observing

    that if the format of the caste certificate itself was contrary to the

    condition stipulated in the advertisement, then no right can be said to

    have accrued in favour of the writ petitioner. It was further observed that

    if the Commission noticed at the time of scrutiny of the documents that

    the application form of the candidate was not in accordance with the

    terms and conditions of the advertisement, then the Commission was

    right in rejecting his candidature and accordingly it was not available for

    such candidate to take the ground that since he had been allowed to

    59
    2026:JHHC:13599-DB

    participate in the process of selection, rejection of his candidature was

    unjustified. Moreover, had his candidature been not rejected, the action

    of the Commission would have been unjustified as in that situation, the

    condition stipulated in the advertisement would have been flouted.

    58. In the case of Prem Chand Kumar Vs. The State of Jharkhand &

    Others (L.P.A No. 469 of 2015), the appellant had submitted the

    residential certificate issued by the Circle Officer, Latehar which was not

    in accordance with the specific condition stipulated in the advertisement

    that the residential certificate to be given along with the application form,

    must have been issued by an officer not below the rank of Sub-Divisional

    Officer and the cut-off date to submit the filled up application form was

    fixed as 09.03.2012. Subsequently when he realized the said mistake, he

    submitted the correct residential certificate at the time of interview.

    However, his result was not declared by the JPSC. Thereafter, he preferred

    writ petition which was dismissed. The learned Division Bench also

    dismissed the appeal observing that there could not be two types of cut-

    off date – one for “General category” candidates and another for

    “Scheduled Tribe” category candidates, so that the candidates belonging

    to “Scheduled Tribe” category could produce certificate at any point of

    time. The reserved category candidates are given some priority which is

    in the form of leniency in passing standard or in the age relaxation etc.,

    but, that does not mean that procedural leniency should also be given to

    such candidates. Procedural leniency can be given only by the

    respondents and not by the Court, otherwise, even age and cut-off marks

    relaxation may be granted by the Court, but it is not permissible in the

    eyes of law. Whatever leniency is to be given, or relaxation is to be given,

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    2026:JHHC:13599-DB

    or whatever condition is to be waived for the reserved category

    candidates, all can be done as a policy decision by the respondents and

    not by the Court, much less, while exercising power under Article 226 of

    the Constitution of India.

    59. The Bench further held that the Court cannot be more charitable than the

    law, nor the Court can be more lenient or generous beyond the policy of

    the respondents. Too much leniency will lead to a chaotic situation. A

    candidate cannot be allowed to submit the certificates as per

    convenience. If there is a prescribed cut-off date, everyone is bound by

    such cut-off date so that process of selection can be started, examination

    be conducted and result be declared. If the courts keep on changing the

    cut-off date, perhaps there cannot be any finality of the examination

    process. This is not permissible in the eyes of law. Every candidate is

    bound to submit correct application with all necessary documents on or

    before the prescribed cut-off date, so that process of selection can be

    over, examination can be conducted in time and the result can be

    declared. The Court can alter neither the cut-off date prescribed by the

    government nor the condition of the advertisement.

    60. The said judgment was also affirmed by the Hon’ble Supreme Court vide

    order dated 14.01.2020 passed in S.L.P (C) No. 33684 of 2018 and

    therefore the observation made by the learned Division Bench has

    attained finality.

    61. Thus, the co-ordinate Benches of this Court have also consistently not

    allowed any relief to the candidates who have deviated from the cut-off

    date fixed by the authorities for submitting the requisite caste certificates.

    62. Mr. Krishna Murari has also relied upon the judgment of the Division

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    2026:JHHC:13599-DB

    Bench of this Court rendered in the case of Jharkhand Staff Selection

    Commission Vs. The State of Jharkhand & Others reported in 2018

    (4) JBCJ 650 (HC). In the said case, there was neither any prescribed

    format for domicile certificates in the appendix to the prospectus, nor any

    cut-off date was fixed by which such domicile certificates were to be

    issued. The Bench allowed the relief to the candidates by applying the

    ratio of the judgment laid down in the case of Ram Kumar Gijroya

    (supra.). The said judgment was rendered keeping in view the peculiar

    facts and circumstance of that case and thus the same would be of no

    help to the case of the appellants. Moreover, the said judgment has

    already been considered by the Full Bench of this Court in the order dated

    15.09.2025 while answering the issues referred to it. Hence, the

    appellants cannot be allowed to reopen the issue already decided by the

    Full Bench.

    63. In the case of Ashok Kumar Sharma (Supra.), the Hon’ble Supreme

    Court has held that if applications are invited prescribing a particular date

    as the last date for filing the same, the eligibility of the candidates shall

    have to be judged with reference to that date alone. It has further been

    held that a person, who acquires the required qualification subsequent to

    prescribed date, cannot be considered at all. An advertisement or

    notification issued/published calling for applications constitutes a

    representation to the public and the authority issuing it is bound by such

    representation who cannot act contrary to it. One reason behind this

    proposition is that if it was known that the persons who obtained the

    qualification after the prescribed date, but before the date of interview

    would be allowed to appear for the interview, other similarly placed

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    2026:JHHC:13599-DB

    persons could also have applied. Just because some of the persons had

    applied notwithstanding that they had not acquired the prescribed

    qualification by the cut-off date, they could not be treated on a

    preferential basis.

    64. In the case of Bedanga Talukdar Vs. Saifudaullah Khan and Others

    reported in (2011) 12 SCC 85, the Hon’ble Supreme Court has held that

    all appointments to public office have to be made in conformity with

    Articles 14 and 16 of the Constitution of India and the selection process

    has to be conducted strictly in accordance with the stipulated selection

    procedure. Consequently, when a particular schedule is mentioned in an

    advertisement, the same has to be scrupulously maintained. There

    cannot be any relaxation in the terms and conditions of the advertisement

    unless such a power is specifically reserved. Such a power could be

    reserved in the relevant statutory rules. Even if power of relaxation is

    provided in the rules, it must still be mentioned in the advertisement. In

    absence of such power in the rules, it could still be provided in the

    advertisement, however, the power of relaxation, if exercised, has to be

    given due publicity. This would be necessary to ensure that those

    candidates who become eligible due to the relaxation, are afforded an

    equal opportunity to apply and compete. Relaxation of any condition in

    advertisement without due publication would be contrary to the mandate

    of equality contained in Articles 14 and 16 of the Constitution of India.

    65. In the case of State of Tamil Nadu and Others Vs. G. Hemalathaa

    and Another reported in (2020) 19 SCC 430, the fact was that the

    respondent had violated Instruction 22(1)(II) of the Instructions issued

    by the Tamil Nadu Public Service Commission which prohibited candidates

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    2026:JHHC:13599-DB

    from using pencil for any purpose. Before the High Court, the respondent

    contended that it might have been done inadvertently and due to anxiety.

    She pleaded for leniency and prayed that a direction might be given to

    the said Commission to declare her as having been successful in the main

    examination. The High Court accepted the submission of the respondent

    observing that she should not have been disqualified for a mistake

    committed unwittingly and inadvertently since she did not gain any

    advantage from such marking. The matter having travelled to the Hon’ble

    Supreme Court, Their Lordships observed that the instructions issued by

    the Commission were mandatory having the force of law and those had

    to be strictly complied with. It was further observed that strict adherence

    to the terms and conditions of the Instructions was of paramount

    importance and the High Court in exercise of powers under Article 226 of

    the Constitution should not have modified/relaxed the Instructions issued

    by the Commission.

    66. In the case of Mohit Kumar Vs. State of Uttar Pradesh and Others

    decided together with State of Uttar Pradesh and Anr. Vs. Kiran

    Prajapati reported in 2025 SCC OnLine SC 1125, the appellant- Mohit

    Kumar and the respondent of the another case namely Kiran Prajapati

    had submitted their OBC (Non Creamy Layer) caste certificates in the

    formats prescribed for appointments to the central government services

    and not the one prescribed for the state government services, as

    mandated by Clause 5.4 of the advertisement. Their Lordships in the said

    case have held that irrespective of whether an aspirant for public

    employment belongs to a particular community like SC/ST/OBC, the

    status claimed by him for being accorded the benefit of reservation is per

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    2026:JHHC:13599-DB

    se not decisive. Such status has to be certified by the competent authority

    upon following due process and identification that the aspirant is what he

    claims to be. It has further been held that once a process of recruitment

    is set in motion, all aspirants are entitled in law to equal treatment. There

    cannot be different yardsticks for different sets of aspirants. Non-

    compliance with the terms of the advertisement/notification is bound to

    trigger adverse consequences of rejection of the aspirant’s claimed status

    by the selecting body/appointing authority, should he choose not to

    adhere to the same. Having regard thereto, the selecting body/appointing

    authority would be justified in not entertaining the application of an

    aspirant as a member of the community for whom reservations are

    permissible.

    67. It has further been held in the said judgment that once an advertisement

    is issued inviting applications for public employment, it is the

    responsibility, nay duty, of an aspirant to read and note the terms and

    understand what its requirements are. If any aspirant finds any of the

    terms ambiguous and there is scope for an inquiry inbuilt in the

    advertisement or is provided by any rule/regulation, an effort ought to be

    first made to obtain clarity for understanding the requirements accurately.

    If no such scope is available, nothing prevents the aspirant from seeking

    clarity by making a representation. Should such clarity be not provided,

    the aspirant may participate in the process without prejudice to his rights

    and may question the term even after he is not selected. However, if the

    aspirant does not make any such effort and takes a calculated chance of

    selection based on his own understanding of the disputed term in the

    advertisement and later, he emerges unsuccessful, ordinarily, it would not

    65
    2026:JHHC:13599-DB

    be open to him to challenge the selection on the ground that the disputed

    term is capable of being understood differently. In such cases, the courts

    should be loath to entertain such plea of ambiguity while preferring to

    accept the recruiting authority’s understanding of the said term. This is

    for the simple reason that the recruiting authority is the best judge of

    what its requirements are and it is such understanding of the recruiting

    authority that would matter most in cases brought up before the courts;

    hence, after commencement of the process wherein aspirants have

    participated without raising any demur as to what a particular term

    means, even if any of the terms be ambiguous, the courts should lean in

    favour of the recruiting authority.

    68. In the case of Sakshi Arya (supra), the fact was that an advertisement

    inviting applications for appointment to the post of Civil Judge Cadre was

    published which was silent on the aspect of the last date of issuance of

    the concerned certificates for each reserved category. The Appellants in

    all the appeals belonged to different reserved categories and they had

    successfully cleared their preliminary examination, followed by mains

    examination, as per the requirements of marks in their respective

    categories. However, as none of those candidates had their certificates

    issued as per the date specified in the subsequent notice, their names

    were not included in the list of the candidates called for interview. In the

    said case, Their Lordships by relying on the judgments rendered in the

    cases of Bhupinderpal Singh and Others Vs. State of Punjab and

    Others reported in (2000) 5 SCC 562, Rekha Chaturvedi (Smt.) Vs.

    University of Rajasthan and Others reported in 1993 Supp (3) SCC

    168, Ashok Kumar Sonkar Vs. Union of India & Others reported in

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    2026:JHHC:13599-DB

    (2007) 4 SCC 54 and Divya (Supra.), have held that the claim made

    by a candidate while filling his or her application as per the concerned

    advertisement are to hold good as on the date of his or her application

    or as per the last date of submission of application prescribed in the

    concerned advertisement.

    69. Thus, it is no more res integra that the eligibility of a candidate is required

    to be judged at the time of filling up of the application form. The

    candidates are duty bound to carefully go through the terms and

    conditions of the advertisement and strictly comply the same. If any

    format for obtaining caste certificate and cut-off date for its submission

    is prescribed in the concerned rule or any advertisement, the same is to

    be strictly complied with by the candidates. In case of any confusion, the

    candidates may seek clarification from the authority. Any deviation from

    the said terms and conditions entitles the authorities to reject the

    candidature of the candidates.

    70. Even if there is no cut-off date fixed by the rules or advertisement for

    producing the relevant certificates, a candidate is required to have an

    eligibility criterion on the last date of submission of application form. The

    reason behind it is that in case of uncertainty of cut-off date, the

    candidates who apply for the advertised post will be unable to ascertain

    whether they are qualified for the post applied for or not. In such a

    situation, a candidate who does not possess the requisite qualifications in

    presenti and is likely to acquire them on an uncertain future date, may

    also apply for the advertised post and thus the number of applications

    will enormously increase.

    71. No relaxation can be granted to a candidate if the same is not provided

    67
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    in the rules or advertisement. The candidates cannot claim any relaxation

    on the ground of mistake or otherwise. If relaxation is granted to one

    candidate, the others may seek similar relief from the court, which would

    delay the completion of the appointment process. Moreover, granting

    such relaxation would cause prejudice to those candidates who did not

    apply due to their ineligibility.

    72. A candidate cannot claim reservation mere by the reason that he/she

    belongs to the reserved category. For claiming reservation, the candidate

    is bound to submit the caste certificate in the prescribed format within

    the cut-off date.

    73. Mr. Krishna Murari has tried to distinguish the case of the appellant –

    Dr. Nutan Indwar from the other appellants and has submitted that the

    said appellant was in possession of the requisite certificate at the time of

    submitting the online application form. Learned counsel has given much

    emphasis to the argument that the only condition for claiming benefit of

    reservation was the possession of the caste certificate issued by the

    Deputy Commissioner/Sub-Divisional Officer in the prescribed format. It

    has further been contended that even if the particulars of such caste

    certificate were not mentioned in the online application form due to

    mistake or omission, the same would not make any difference to the case

    of the said appellant. What actually Mr. Krishna Murari wants to convey is

    that mere possession of the caste certificate in the prescribed format was

    sufficient to claim the benefit of reservation irrespective of the fact that

    the details/particulars of such certificate were not mentioned in the

    application.

    74. In support of the said contention, Mr. Krishna Murari has relied on the

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    2026:JHHC:13599-DB

    judgment rendered in the case of Charles K. Skaria (supra). In the

    said case, for admission to the Post Graduate degree course, there was a

    provision that a diploma holder would be given extra 10 marks subject to

    the condition that the certificate of diploma must be obtained at least on

    or before the last date fixed for submitting the application and not later.

    In the said case, Their Lordships held as under: –

    “20. … To confuse between a fact and its proof is
    blurred perspicacity. To make mandatory the date of
    acquiring the additional qualification before the last
    date for application makes sense. But if it is
    unshakeably shown that the qualification has been
    acquired before the relevant date, as is the case here,
    to invalidate this merit factor because proof, though
    indubitable, was adduced a few days later but before
    the selection or in a manner not mentioned in the
    prospectus, but still above-board, is to make
    procedure not the handmaid but the mistress and
    form not as subservient to substance but as superior
    to the essence.”

    75. Their Lordships finally held in the aforesaid case that three candidates

    who were eventually admitted by the selection committee could not be

    ousted merely for the reason that the certificate of diploma had not been

    produced together with the application for admission. The government

    was not at fault for issuing a directive to the selection committee that the

    application forms of the students of the diploma course could be

    considered subject to the condition that they would produce the diploma

    certificates before finalising the selection to post-graduate courses.

    76. The judgment of Charles K. Skaria (Supra.) was also referred in the

    case of Divya (Supra.) and Their Lordships distinguished the fact of the

    said case from those of Charles K. Skaria (supra) by observing as

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    under: –

    “47. In Charles K. Skaria, most candidates possessed
    the eligibility viz. the diploma. Only the proof in the
    form of certificate was awaited. The authorities had
    also accepted them as eligible, expressly informing
    the Selection Committee that for eligible candidates
    even if proof came later and before the final selection,
    it should be considered as valid. This was also equally
    the situation in [Dolly Chhanda v. Chairman, JEE,
    (2005) 9 SCC 779], [Alok Kumar Singh v. State of
    U.P., (2018) 18 SCC 242] and [Dheerender Singh
    Paliwal v. UPSC
    , (2017) 11 SCC 276] where the
    factual position about the eligibility was not in
    dispute. Those cases and the cases of that ilk cannot
    support the petitioners in this case for the purpose of
    claiming eligibility in CSE-2022 as an EWS candidate.”

    77. In the present case also, the facts and circumstances are different from

    those of Charles K. Skaria (Supra.) particularly because in this case,

    the recruiting authorities had made the condition of mentioning the

    particulars of valid caste certificate in the online application form as

    mandatory not directory.

    78. In Divya (Supra.), Their Lordships while also relying upon the judgment

    of Union Public Service Commission Vs. Gaurav Singh & Others

    reported in (2024) 2 SCC 605, have held as under: –

    “65. In Gaurav Singh case, this Court has held as
    under : (SCC OnLine SC paras 19-21 & 23)
    “19. A technical irregularity in a certificate
    issued by the competent authority in
    respect of the correct financial year
    cannot be equated with an Income and
    Asset Certificate in respect of a different
    financial year when the Income and
    Assets for the particular financial year
    prior to the year of submission of the
    application, goes to the root of eligibility

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    2026:JHHC:13599-DB

    of a candidate to qualify in the EWS
    category.

    20. The Respondent-Writ Petitioners were
    well aware that they had to furnish
    Income and Asset Certificates issued by
    the Competent Authority for the financial
    year prior to the year of application. If the
    applications were made pursuant to a
    notification published on 24-4-2019 with
    20-5-2019 notified as the last date for
    submission of the applications, the
    financial year prior to the year of
    submission of application could not
    possibly be Financial Year 2019-2020, to
    which the Certificates related. The
    observation in the impugned judgment
    and order [Gaurav Singh v. Union of India,
    2020 SCC OnLine Del 2711] of the High
    Court of the expediency of specifying the
    financial year in the notification for
    recruitment is in the nature of an advisory,
    which may be kept in mind when
    recruitment notifications are issued by the
    Appellant in future. The Respondent Writ
    Petitioners 2 and 4, in whose Income and
    Asset Certificates were not in order, did
    not have any legal right to be considered
    EWS candidates.

    21. The Respondent-Writ Petitioners were
    required to submit Certificates for the
    relevant financial year. The negligence of
    the Respondent-Writ Petitioners in not
    checking if the Certificate related to the
    correct financial year, cannot be lightly
    brushed aside as inadvertent lapses of the
    certifying authority. A candidate applying
    for a post pursuant to an advertisement,
    cannot afford to be negligent. Documents
    required to be submitted have to be
    carefully checked by the candidate
    concerned before submission. An

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    appointing authority proceeds on the
    basis of what is stated in a certificate.
    When a certificate pertains to a different
    financial year, the same is liable to be
    outright rejected. No candidate can, in
    such case, claim any legal right to
    reconsideration of his/her candidature by
    submission of a fresh certificate and/or
    rectified certificate.

    ***

    23. In the case of Respondent-Writ
    Petitioner 3, the Income and Asset
    Certificate, which had initially been
    questioned as having been issued by an
    authority not competent, was later
    accepted as it was found that the
    authority issuing the certificate was in
    fact competent. The certificate of the
    Respondent-Writ Petitioner 1 was also
    accepted as there was no discrepancy in
    either the date of issuance or the year. It
    was just that the seal had been stamped
    without the full name of the officer
    concerned and that was accepted as an
    error not attributable to the candidate
    concerned.””

    79. In the case of Divya (Supra.), the claim of one of the appellants was

    that he was in possession of the requisite Income & Asset Certificate

    (IA &C) dated 11.10.2021 in the prescribed format but by mistake he

    uploaded the certificate in online Detailed Application Form-I on the same

    day for financial year 2021-22 instead of financial year 2020-21. Their

    Lordships did not accept the said claim of the appellants and observed at

    para 86 as under: –

    “86. The rules clearly mandate and as has been held
    in [UPSC v. Gaurav Singh, (2024) 2 SCC 605], any
    mistake/omission/negligence cannot be condoned so

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    as to extend the deadline for production of the
    documents. Neither the Office Memorandum nor the
    rules in question can be construed as directory. They
    prescribe clearly the eligibility criterion and the date
    before which the certificate should be possessed and
    the date before which the certificate should be
    submitted. They also prescribe the consequence for
    the omission. As the old ditty goes for a want of a
    horseshoe nail, kingdoms have been lost. Here we are
    dealing with crucial documents determining
    eligibility. The petitioners who did not possess the
    valid documentation determining their eligibility,
    before the prescribed cut-off date, cannot complain,
    if their claim for categorisation as EWS was rejected.”

    80. We are not convinced with the argument of Mr. Krishna Murari particularly

    for the reason that the relevant clauses of the Advertisement No. 02 of

    2016 referred hereinabove, in unequivocal term mandate that not only

    the possession of the valid caste certificate was necessary for claiming

    the benefit of reservation by the concerned candidates, but also

    mentioning of the particulars of the same in the online application form

    was essential to avail the benefit of reservation. Moreover, compliance of

    the said conditions was mandatory in nature since as per Clause 9(ि), all

    the candidates were required to submit the original certificates of the

    documents, particulars of which were mentioned in the online application

    form otherwise his/her candidature was liable to be cancelled. Admittedly,

    the appellant-Dr. Nutan Indwar had not fulfilled these twin conditions

    mentioned in the advertisement for claiming reservation and as such no

    relief can be granted to her.

    81. Next argument on behalf of the learned counsels for the appellants is that

    once the caste certificates submitted by the appellants were duly

    accepted by the authorities by allowing them to appear in the respective

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    2026:JHHC:13599-DB

    examinations, the authorities cannot be permitted to declare them

    unsuccessful by treating under “general category”.

    82. We do not find any substance in the said argument of the learned counsel

    for the appellants in view of clear stipulation made in the advertisements

    that the candidatures of the candidates would be cancelled if the

    documents submitted by them were found invalid. Mere acceptance of

    the application form and permitting the appellants to appear in the

    examination would not give any right to them to be treated under

    reserved category. If the particulars given by the candidates are

    subsequently found false and not in conformity with the relevant rules or

    advertisements, then their candidatures are liable to be cancelled even

    after the appointment. Any appointment taken under false/incorrect

    information are treated as void. Admittedly, the appellants did not fill up

    the particulars of the requisite caste certificates in the online application

    forms and therefore as per the terms and conditions of the

    advertisements, their candidatures were liable to be cancelled, however

    the authorities being liberal with the appellants did not cancel their

    candidatures, rather they were treated under “general category” and

    since they secured lesser marks than those of the last selected candidates

    of “general category”, they were declared unsuccessful. Thus, no

    illegality/arbitrariness is found in the action of the respondents.

    83. The learned counsels for the appellants have also submitted that some

    similarly situated persons have been given appointments and thus the

    action of the authorities in treating the appellants differently from other

    similarly situated persons is arbitrary and discriminatory in nature.

    84. To appreciate the said contention of the learned counsels for the

    74
    2026:JHHC:13599-DB

    appellants, it would be appropriate to refer the judgment of the Hon’ble

    Supreme Court rendered in the case of State of U.P and Others Vs.

    Raj Kumar Sharma and Others reported in (2006) 3 SCC 330

    wherein the Hon’ble Supreme Court has held that the selectees cannot

    claim appointment as a matter of right. Mere inclusion of the candidate’s

    name in the list does not confer any right to be selected, even if some of

    the vacancies remained unfilled and the concerned candidates cannot

    claim that they have suffered hostile discrimination. It has further been

    held that even if in some cases, appointments have been made wrongly

    or by mistake, that does not confer any right on another person. Article

    14 of the Constitution does not envisage negative equality, and if the

    State has committed mistake or illegality, it cannot be forced to

    perpetuate the same.

    85. In the case of Soni Kumari Vs. K. Ravi Kumar & Others

    (Miscellaneous Application Diary No. 9234 of 2023 in Contempt

    Petition (Civil) No. 612 of 2022 in Civil Appeal No. 4044 of 2022),

    the appellants were claiming appointment on the ground that 400

    teachers who did not possess post-graduation degrees, had already been

    appointed. Their Lordships rejected the said contention of the appellants

    by observing as under: –

    “7. We cannot accept the submissions made by

    Mr. Jayant Sud, learned senior counsel for two

    reasons: Firstly, if the Rules provide a specific

    qualification, then the same is to be fulfilled. The

    advertisement cannot modify or reduce the

    qualifications mentioned in the Rules. Secondly,

    75
    2026:JHHC:13599-DB

    if some appointments have been made contrary

    to the Rules, it would be open to the

    applicant(s)/ petitioner(s) to point out the same

    before the appointing authority or challenge the

    same in the Court of law which shall be dealt with

    on its own merits.”

    86. In the present case, even if the claim of the appellants is taken to be true,

    they cannot claim negative equality since this court has already held that

    the appellants were bound to strictly adhere to the terms and conditions

    of the advertisements for claiming reservation. It is well settled principle

    of law that Article 14 of the Constitution does not envisage negative

    equality. If there has been a benefit or advantage conferred to a

    candidate without legal basis or justification, then that benefit cannot be

    relied upon as a principle of parity or equality. The principle of equality

    cannot be used to perpetuate illegality or compel the State to repeat it.

    87. Moreover, those similarly situated candidates who have been given

    appointments, have not been arrayed as respondents in the present batch

    of cases and thus no order prejudicial to the interest of those candidates

    can be passed by this Court. Though, the appellants have claimed that

    some of the candidates who have scored lesser marks than them, have

    been given appointments, however they were not arrayed as respondents

    in the respective writ petitions. Further, though in L.P.A No. 77 of 2020,

    the appellants had filed I.A No. 159 of 2024 to implead those similarly

    situated persons who had been given appointments, as respondents,

    however the said interlocutory application was not pursued by them till

    the stage of final argument. We are of the view that the appellants should

    have raised the said issue in the writ proceeding itself, however they failed

    76
    2026:JHHC:13599-DB

    to do so. As such, they cannot be allowed to raise such a factual

    contention before this Court that too at a belated stage. Even otherwise,

    if according to the appellants, some candidates were wrongly appointed

    by the JPSC/JSSC, they should have challenged their appointments before

    the competent court of law. Nonetheless, on that ground they cannot

    claim their appointments.

    88. Mr. Krishna Murari has also claimed that out of 44 vacancies, only 8 were

    filled and as such 36 posts are still vacant. Under the said circumstance

    and looking to the peculiar fact of the case of the appellant-Dr. Nutan

    Indwar, she may be given appointment to the advertised post treating her

    under reserved category. It is further contended that no prejudice will be

    caused to other candidates on giving appointment to the said appellant.

    He also urged to consider the case of the said appellant sympathetically.

    89. The said argument of Mr. Krishna Murari is also not worth consideration

    in view of the fact that the condition for filling up the particulars of the

    requisite caste certificate in the online application was a mandatory

    requirement and the consequence of its non-compliance was also

    mentioned in the advertisement no. 02 of 2016. The said appellant has

    to face the consequence of non-adherence to the mandatory

    requirement. Under the writ jurisdiction, the High Court is not supposed

    to relax the rule/condition of advertisement on mere ground that some

    advertised posts have remained vacant. If such a practice is allowed, then

    the entire purpose of fixing the cut-off date for submitting requisite

    certificate(s) will be redundant. All aspirants are entitled under law to be

    treated equally. There cannot be different yardsticks for different set of

    aspirants.

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    2026:JHHC:13599-DB

    90. In view of the aforesaid discussion, we do not find any infirmity in the

    impugned judgment dated 20.12.2019 passed in the respective writ

    petitions filed by the writ petitioners/appellants.

    91. The present appeals being devoid of merit are, accordingly, dismissed.

    92. Pending application(s), if any, also stands disposed of.

    (M.S. Sonak, C.J.)

    (Rajesh Shankar, J.)

    May 07, 2026
    Ritesh/A.F.R.
    Uploaded on 07.05.2026

    78



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