Simplified Explanation of the Judgment
In this case, the appellants had challenged a decision by the Bihar government to allow the issuance of Non-Creamy Layer (NCL) certificates to about 3500 candidates who received age relaxation under court orders during a recruitment process that started back in 2014.
The Bihar Staff Selection Commission (BSSC) had advertised 13,120 vacancies in Group-A and Group-B posts under its 1st Intermediate Level Combined Competitive Examination. Due to multiple delays and litigations—including a High Court judgment allowing age relaxation in 2015—the process stretched over several years, with main exams held in 2020 and physical tests in 2021.
As per the original rules, candidates were required to submit an NCL certificate pertaining to the financial year 2013–14 (the year of recruitment). However, candidates who applied later due to the age relaxation missed this deadline.
In 2022, the Bihar government issued directives (via Letter Nos. 7591 and 1928) allowing these candidates to apply for retrospective NCL certificates and submit them within 15 days. The appellants opposed this, arguing that if those candidates hadn't been allowed to submit the certificates, the appellants might have secured the job.
The High Court dismissed their writ petition, and in this Letters Patent Appeal, the Division Bench upheld that decision. The Court noted that:
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None of the 3500 candidates who would be affected by the case were made parties to the litigation, making the challenge procedurally weak.
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The government's move was meant to uphold the rights granted through a previous court judgment and did not prejudice the appellants.
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The Court reiterated that issuing NCL certificates retrospectively was within the government’s authority and only applied to those who were eligible in 2013–14 based on their family income.
Significance of the Judgment
This ruling supports administrative flexibility to implement judicial directions effectively. It ensures that technicalities do not hinder the rightful claims of deserving candidates, particularly those from reserved categories who were earlier denied opportunities due to procedural delays.
The decision also reinforces the principle that a writ petition must include all affected parties to be maintainable. The Court’s stance ensures that justice is delivered fairly without violating the rights of unseen stakeholders.
Legal Issue(s) Decided and the Decision of the Court
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Can the government allow retrospective issuance of NCL certificates to candidates who received age relaxation through court orders?
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Decision: Yes. The Court upheld the government's decision, deeming it lawful and necessary to honor judicial directions.
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Can a writ petition challenging such administrative action be sustained without impleading affected candidates?
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Decision: No. The Court held that such a petition is not maintainable if the affected parties are not included.
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Case Title
Kaushik Kumar & Ors. vs. State of Bihar & Ors.
Case Number
Letters Patent Appeal No. 470 of 2023 in CWJC No. 9152 of 2022
Citation(s)- 2024(4) PLJR (613)
Coram and Names of Judges
Hon'ble The Chief Justice K. Vinod Chandran
Hon'ble Mr. Justice Nani Tagia
Names of Advocates
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For Appellants: Mrs. Nivedita Nirvikar (Sr. Adv.), Mr. Arya Achint, Ms. Supragya
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For Respondents: Mr. P.K. Verma (AAG-3), Mr. Sanjay Kumar Ghosarvey (AC to AAG-3)
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