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The experience certificate complete in all respect should have been submitted otherwise on or before the last date of submission of application. The Commission gave relaxation pursuant to their resolution and it was duly publicized. The candidates were allowed to submit countersigned experience certificate on the date of interview. The candidates submitted countersigned experience certificate on the date of interview were made eligible and there is no dispute about those candidates. The writ petitioners/non-appellants have not questioned their selection.

Learned counsel for the Commission submits that permission to submit duly countersigned experience certificate subsequent to the date of interview was in consonance to the resolution of the Commission. The permission to submit countersigned experience certificate was only for those who had submitted certificate along with application but was not complete in all respect.

The permission aforesaid was to get the best meritorious candidates and therefore, the learned Single Bench should not have caused interference in the action of the Commission. The prayer is to allow the appeal.

The respondents conducted preliminary as well as main examination followed by the declaration of the result. The declaration of the result of main examination was with inclusion of those candidates who failed to submit countersigned experience certificate. The Commission took a decision to allow submission of the countersigned experience certificate on the date of interview. It was mandatory. It was made clear that candidate would not to be allowed for interview in case he/she fails to submit countersigned experience certificate. Those candidates, who remained successful in producing duly countersigned experience certificate on the date of interview were to be selected by the Commission but candidates failed to submit countersigned experience certificate were also kept on the provisional select list with a permission to submit such certificate within a period of 30 days thereupon.

The arrangement aforesaid was contrary to the circular dated 6th July, 2020 where production of duly countersigned experience certificate was mandatory at the time of interview. Once it was made mandatory, the subsequent relaxation by the Commission was nothing but in conflict with condition imposed by them itself. The candidates failed to submit countersigned experience certificate were not to be interviewed as per the circular dated 6th July, 2020 issued by the Commission itself.

In view of the above, the learned Single Bench had rightly accepted the writ petition preferred by the writ petitioners/non-appellants where the challenge was made to the decision of the Commission to allow the candidates to submit experience certificate after the interview going against the circular dated 6th July, 2020.