The Supreme Court has held that a Candidate/ Applicant is required to strictly adhere to conditions and eligibility criteria as per the advertisement and should comply the same before the cut-off date unless extended by the recruiting authority.
While dealing with a matter relating to the appointment of a candidate to the post of Constable in Bihar Police Force, the Bench comprising Justice MR Shah and Justice BV Nagarathna further ovserved:
"Also, only those documents, which are submitted alongwith the application form, which are required to be submitted as per the advertisement have to be considered."
Bihar State in the present petition has assailed the Patna High Court order whereby it directed DIG Munger to appoint the respondent as Constable.
The dispute arises as applications were invited via advertisement for selection of Constables in the Bihar Police Force. The Candidate was required to enclose the self-attested copies of all necessary documents alongwith their application form. It was further mentioned in the said advertisement that additional five marks for NCC 'B' certificate and 10 marks for NCC 'C' certificate shall be awarded to the candidates holding such certificates.
The respondent candidate was not awarded five additional marks for NCC 'B' certificate as he didn't submit his NCC certificate. When he approached High Court by way of filing writ petition, the Single Bench. it disposed of the same for an appropriate decision by the authority, to exercise the discretion and to consider whether he could be allowed five additional marks on production of NCC 'B' certificate subsequently, after the physical test, but before the publication of the results.
His representation seeking 5 extra marks was later on dismissed by the authorities, following which he moved a letters patent appeal before the Division Bench of the High Court. The High Court then allowed the appeal and directed the authority to appoint the original writ petitioner as Constable awarding five additional marks of NCC 'B' certificate.
Aggrieved the State moved Supreme Court.
Supreme Court Observations
The Court observed that when the respondent candidate didn't produce the photocopy of the NCC 'B' certificate along with the original application as per the advertisement and the same was submitted after a period of three years from the cut-off date and that too after the physical test, he was not entitled to the additional five marks of the NCC 'B' certificate.
In view of the above, the Court quashed the impugned order by Division Bench of High Court and restored judgment and order passed by the learned Single Judge dismissing the writ petition.
Read Judgement Here:
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