Patna High Court
Gitanjalee KumariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The court held that the petitioner’s NCL certificate does not meet the stipulated requirement of being based on FY 2021‑2022, and therefore the court will not interfere with the selection authority’s decision.
Summary
Gitanjalee Kumari filed a writ petition challenging a resolution and notice that re‑classified her from the Extremely Backward Class (EBC) to the Unreserved (UR) category and rejected her representation. She sought certiorari to quash the resolution and notice, and mandamus directing the selection committee to accept her Non‑Creamy Layer (NCL) certificate dated 24‑06‑2020 and place her in the EBC merit list for the post of Upper Divisional Clerk. The respondents argued that the notice required an NCL certificate based on the financial year 2021‑2022, and that the petitioner’s 2020 certificate did not satisfy this requirement, also relying on a 2011 Gazette notification. The court examined Clause 4(f) of the notice and Clause 8 of the Gazette and found that the petitioner’s certificate was issued for the wrong financial year. Consequently, the court held there was no ground to interfere with the selection authority’s decision and dismissed the petition.
Issues considered
- Whether a Non‑Creamy Layer certificate issued for the financial year 2020 satisfies the requirement of being based on the financial year 2021‑2022 as stipulated in the selection committee’s notice.
- Whether the selection committee’s rejection of the petitioner’s claim to the EBC category is legally valid and amenable to judicial review.
- Whether the petitioner is entitled to a writ of mandamus directing her inclusion in the EBC merit list and appointment to the post.
Subjects
- reservation
- Non‑Creamy Layer certificate
- Extremely Backward Class
- certiorari
- mandamus
- selection committee
- Bihar
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5504 of 2026
======================================================
Gitanjalee Kumari D/o Kumar Shashi Bhushan, R/o Village and P.O. Anda,
P.S. Phulwari Sharif, District- Patna, Bihar- 801113.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Old
Secretariat, Patna, Bihar- 800015.
2. The Convenor, Centralized Selection and Appointment Committee-cum-
Principal District and Sessions Judge, Patna, Civil Courts Campus, Patna,
Bihar- 800004.
3. The Registrar General, High Court of Judicature at Patna, Bailey Road,
Patna, Bihar- 800028.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ankur Apurv Singh, Advocate
For the State : Ms. Divya Verma, AC to AAG-3
For the PHC : Ms. Surya Nilambari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 15-04-2026
Heard learned counsel appearing for the petitioner,
learned counsel appearing for the State and learned counsel
appearing for the Patna High Court.
2. Learned counsel for the petitioner submits that the
petitioner has filed the present writ petition for the following
relief/s :-
“(i) Issue a writ in the nature of
CERTIORARI or any other appropriate writ , order
Patna High Court CWJC No.5504 of 2026 dt.15-04-2026
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or direction quashing the impugned Resolution
dated October 16, 2025, and Notice dated October
19, 2025, insofar as it arbitrarily changes the
category of the petitioner having Roll No. 227833
from EBC to UR.
ii. Issue a writ in the nature of
CERTIORARI or any other appropriate writ, order,
or direction quashing the impugned Notice dated
February 26, 2026 (Memo 481-511/Conv.), which
mechanically rejected the representation of the
petitioner.
iii. Issue a writ in the nature of
MANDAMUS or any other appropriate writ, order,
or direction directing Respondent No. 2 to accept
the petitioner’s valid Non-Creamy Layer Certificate
- Extremely Backward Caste No. C-204282-754
dated June 24, 2020, and restore her candidature
under the EBC category.
iv. Issue a writ in the nature of
MANDAMUS directing the respondents to include
the petitioner in the final EBC merit list based on
her aggregate score of 48.50 marks against the EBC
vacancies and grant her appointment to the post of
Upper Divisional Clerk (Grade -III);
v. Issue writ of certiorari quashing the
denial order and writ of mandamus directing the
respondent to permit submission and consider the
caste certificate.
vi. For any other relief/reliefs for which
petitioner is entitled for.”
3. Learned counsel for the petitioner submits that
Annexure P/6 is a Non-Creamy Layer certificate pertaining to
the Extremely Backward Class category, which has not been
accepted by the respondents, and this constitutes the primary
grievance for filing the present writ petition.
4. Learned counsel appearing for respondent nos. 2
Patna High Court CWJC No.5504 of 2026 dt.15-04-2026
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and 3 submits that the contention advanced on behalf of the
petitioner is not acceptable. He submits that the Convenor,
Centralized Selection and Appointment Committee-cum-
Principal District and Sessions Judge, Patna, had issued a notice,
wherein Clause 4(f) clearly stipulates that for availing the
benefit of reservation under the BC/EBC category, a candidate
must produce a Non-Creamy Layer (NCL) certificate based on
the income and assets of the financial year 2021–2022, along
with a domicile/residential certificate. It is further submitted that
Annexure P/6 is a certificate issued on 24.06.2020, i.e., prior to
the relevant financial year prescribed in the said notice.
Therefore, on account of this lapse, the petitioner’s claim has
not been considered under the reserved category.
5. Learned counsel further places reliance on Letter
No. 673 dated 08.03.2011, published in the Extraordinary
Gazette Notification, particularly Clause 8 thereof, to contend
that the petitioner’s certificate does not fulfill the prescribed
requirements. It is thus submitted that the petitioner’s case is not
fit to be considered under any reserved category.
6. After hearing the parties and upon perusal of
Clause 4(f) of the notice dated 03.09.2025, issued by the office
of the Convenor, Centralized Selection and Appointment
Patna High Court CWJC No.5504 of 2026 dt.15-04-2026
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Committee-cum-Principal District and Sessions Judge, Patna,
which reads as under:
“For availing the benefits of reservation
of BC/EBC category, the candidate must produce a
Non-Creamy Layer (NCL) certificate based on the
income and assets of the financial year 2021–2022
along with a domicile/residential certificate.”
7. Further Clause 8 of Letter No. 673 dated
08.03.2011 reads as under :- dzhehys;j izek.ki= ea=ky; “kiFki=
izf”k{k.k ifji= iz”kklu
“(8) ओ.बी.सी. (dzhehys;j रहहत) izek.ki=
बार-बार हनररत नहीं हकये जाये रे । पूरर हनररत dzhehys;j
रहहत izek.ki= के साथ भारत सरकार, काहररक, लोक
हशकायत एरं पे शन ea=ky; (काहररक एरं izf”k{k.k
हरभार) नई हदलली के कायारलय जापांक सं खया-
36033/4/97-सथा. (आरकण) हदनांक 25.07.03, हजसे
सारानय iz”kklu हरभार के ifji= सं खया-11/हर.5-
09/1998-1074 हदनांक 06.07.2005 दारा पहरचाहरत
हकया रया है , के आलोक रे dzhehys;j रे नहीं होने
सं बंधी 'kiFki= फॉरर-XVIII रे आरे दक/आरे हदका दारा
हदया जाये रा, जो रानय होरा ।"
8. Upon perusal of Clause 4(f) of the notice dated
03.09.2025 and Clause 8 of the Letter No. 673 dated 08.03.2021
as well as Annexure P/6 to the writ petition, this Court finds that
the certificate relied upon by the petitioner was issued in the
Patna High Court CWJC No.5504 of 2026 dt.15-04-2026
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year 2020, whereas the requirement clearly mandates a
certificate based on the financial year 2021–2022.
9. In view of the aforesaid, this Court finds no
ground to interfere in the matter.
(Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE NA
Uploading Date 16/04/2026
Transmission Date NA
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