U. P. Singh, J.

1. This writ application is directed against the order of bihar Public Service Commission dated 10th April, 1991, by which respondent No.3 was recommended appointment against one of the posts of parabhilekhapal/sahayak Parabhilekhapal/research Assistant in the scale of pay of Rs.880-1510/-. The petitioner claims that she should have been recommended for the said post reserved for the Backward category person since she was the only eligible person for being appointed on the said class III post of Parabhilekhapal/sahayak Parabhilekhapal/research Assistant.

2. On the request made by the State of Bihar for sending the names of eligible candidates for filling up the vacant posts in the Cabinet secretariat and Coordination Department, the Bihar Public Service Commission advertised on 22-5-1990 calling applications for a number of posts, including the vacant post of Parabilekhapal/sahayak Parabhilekhapal/researh assistant. It was mentioned that for the aforesaid posts three reserved posts were available, out of which, one post was to be filled up from amongst Backward Category person (Backward Category II ). The only qualification required was a Degree in M. A. in Modern Indian history, with one or more papers, and with atleast 2nd Division of marks. The petitioner being an eligible candidate applied for the said post in pursuance of the said advertisement dated 28-5-1990.

3. The petitioner took part in the examination for the Masters degree in History in the year 1986 from the Magadh University, Gaya, and the examination was held in the month of December, 1987. The result was published in September-October, 1988, and, on 4-10-1988, the petitioner obtained the marks-sheet securing 407 total marks.

4. It may be stated that, in accordance with the provisions for improvement in marks of Masters Degree Examination, the Magadh university allows the candidate to appear in a number of papers, maximum of 3 papers, even after passing of the M. A. Examination. After such appearance in 3 papers, if a person improves the marks, the same is taken into consideration and the original marks-sheet is substituted with the improved marks of different papers upto three papers and, if a person fails to improve the marks in a particular paper, then the marks obtained in the original marks-sheet continues to remain the same in respect of such paper.

5. The petitioner decided to improve her marks in three papers and she appeared in M. A. Examination 1987 batch in the year 1987 in three papers. She improved marks in two out of three papers and in Paper II she improved and secured 47 marks in place of 37 marks earlier obtained by her. Likewise, in the 3rd paper, she improved and secured 50 marks in place of 48 marks obtained earlier. The improved marks obtained by her was a total of 419 marks in place of 407 originally obtained by her and the substituted marks were provided to her by the University on 5-10-1990 (Annexure-3 ).

6. It may be noticed that the advertisement in question had been published on 20-5-1990 prior to the issuance of the aforesaid marks-sheet dated 5-10-1990. Therefore, the substituted marks-sheet had not been provided to the petitioner before the advertisement was published. For this reason, the petitioner had mentioned, while making application for appointment, that she had obtained 2nd Class in M. A. examination and attached only the first marks-sheet of 1986 M. A. examination dated 4-10-1988. The petitioner was called to appear at the interview on 9-4-1990 at 9 A. M. with all relevant documents, including the marks sheet of M. A.1986 examination. She appeared before the Bihar Public Service commission and produced the original marks-sheet of M. A.1986 examination as also the revised marks-sheet dated 5-10-1990 along with other documents, such as, original marks-sheet of B. A. (Honours) Examination ; i. A. Examination and Matriculation Examination. Just the next day on 10-4-1991, the impugned letter was issued re