New Delhi:
The Supreme Court has quashed the Patna High Court decision on directing State of Bihar to appoint the respondent as Constable who submitted his NCC ‘B’ certificate three years after the cut off date.
LiveLaw reported, a Bench consisting of Justice MR Shah and Justice BV Nagarathna was hearing a civil appeal filed by State of Bihar who challenged the judgement of Patna High Court.
The Supreme Court ruled that a candidate must follow all the criteria as per the advertisement before the due date unless it is extended by the authorities.
Further, the bench said that only those documents will be taken into consideration which have been submitted along with application form.
“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 along with the application form, which are required to be submitted as per the advertisement have to be considered”.
Hence, the candidate will not be awarded additional five marks for NCC ‘B’ certificate.
The apex court said that the Division Bench of the Patna High Court passed the wrong judgement.
While hearing the plea of a candidate who submitted his NCC ‘B’ certificate three years later, Patna High Court condemned the act and directed DIG Munger to appoint the candidate as a Constable in Bihar Police Force.
Bihar then filed a civil appeal in Supreme Court where it challenged the Patna High Court order.
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