DR. AKSHAY BANSODE vs C.G. PUBLIC SERVICE COMMISSION AND ANR.

The petitioner appeared in the examination held by the Chhattisgarh Public Service Commission for the post of Veterinary Assistant Surgeon on the

reserved category of Scheduled Caste (SC) and he was called for interview, but when the result was declared, he was shown as general category

candidate and he was not selected. Thereafter, the petitioner has filed this writ petition questioning the condition stipulated in the advertisement

insisting production of permanent caste certificate issued by the competent authority of the State of Chhattisgarh, at the time of interview.

Learned counsel for the petitioner would submit that the impugned condition was unsustainable and bad in law as such, the condition could not have

been imposed by the Chhattisgarh PSC and the petitioner appeared as Scheduled Caste (SC) category candidate and he has been declared

unsuccessful as a general category candidate.

Miss S. Harshita, Advocate, appearing under the instructions from Mr. Abhishek Sinha, learned counsel for respondent No.1, would oppose the

submission.

I have heard learned counsel for the parties.

Undisputedly, the petitioner at the time of participating in selection and interview did not have the valid caste certificate of SC category issued by

the State of Chhattisgarh and he was having caste certificate of the State of Madhya Pradesh, therefore, the competent authority considered his

candidature towards general category candidate and accordingly, his candidature has been considered in which he remained unsuccessful. So, the first

point raised by learned counsel for the petitioner has no force.

Coming to the next point that is imposition of the condition of producing permanent caste certificate, the petitioner has taken a calculated chance to

appear in the examination accepting the condition. Once the result has been declared and he was found unsuccessful and further finding the decision

unpalatable, he decided to question the selection. It is well settled law that the petitioner having participated in selection with open eyes and on

remaining unsuccessful cannot turn around and question the selection process by saying that it is bad in law. (See Madan Lal and others v. State of J

& K and others1.)

Even otherwise, the condition regarding production of permanent caste certificate is very much necessary, if a candidate has applied in an

unreserved category then he has to establish that he actually belongs to such category to avail the benefit of said category and in absence of that, it

cannot be determined whether the candidate is entitled to avail the benefit of that category.

In view of the above, I do not find any merit in the petition. The petition is, therefore, liable to be dismissed and it is hereby dismissed. No order as

to