Candidate Has To Comply With Eligibility Criteria As Per Advertisement Before Cut-Off Date Unless Extended By Authority : Supreme Court

In a matter relating to the appointment of a candidate to the post of Constable in Bihar Police Force, the Supreme Court of India has observed that a candidate or applicant has to comply with all the conditions and eligibility criteria as per the advertisement before the cut-off date unless extended by the recruiting authority.

A Bench comprising Justice MR Shah and Justice BV Nagarathna has made the observations in a civil appeal filed by State of Bihar challenging Patna High Court's order whereby it directed DIG Munger to appoint the respondent as Constable.

The Bench has further observed that only those documents, which are submitted alongwith the application form, which are required to be submitted as per the advertisement have to be considered.

"As per the settled proposition of law, a candidate/applicant has to comply with all the conditions/eligibility criteria as per the advertisement before the cut-off date mentioned therein unless extended by the recruiting authority. 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".

The Bench has therefore held that when the respondent candidate did not 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.

The Bench has held that in these circumstances, the Division Bench of the Patna High Court has erred in directing the State of Bihar to appoint the respondent candidate on the post of Constable considering the select list dated 8th September 2007 and allotting five additional marks of NCC 'B' certificate.

The Division Bench of the Patna High Court through its impugned order condoned delay of 3 years and 55 days in preferring the appeal and allowed respondent's appeal setting aside the order passed by the single Judge.

The Apex Court has allowed State's appeal against the order, quashed the order passed by the Division Bench of the High Court and has restored the order passed by the Single Judge dismissing candidate's the writ petition.

Facts: The present dispute arose when applications were invited through an advertisement published on 08.02.2004 for selection of Constables in the Bihar Police Force according to which the candidate was required to enclose the self-attested copies of all necessary documents alongwith their application form. The advertisement also further provided that additional five marks for NCC 'B' certificate and 10 marks for NCC 'C' certificate shall be awarded to the candidates holding such certificates.

As the respondent candidate did not submit his NCC certificate, he was not awarded five additional marks for NCC 'B' certificate.

When a writ petition was filed by the candidate before the High Court, the Single Bench refused to issue any positive direction. It disposed of the writ petition 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.

After his representation seeking 5 extra marks was dismissed by the authorities, he moved a letters patent appeal before the Division Bench of the High Court. The High court allowed the appeal and directed the appointing authority to appoint the original writ petitioner as Constable awarding five additional marks of NCC 'B' certificate.

Case Title: State of Bihar & Ors vs Madhu Kant Ranjan 

Citation : LL 2021 SC 752

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