The main legal point established in the judgment is that reservation cannot be claimed as a matter of right, and the provisions in Articles 15 and 16 of the Constitution of India are enabling provisions. The court emphasized that the Commission's actions to ensure adequate representation for reserved category candidates satisfied the constitutional mandate.

Hemant Gupta, J.

This order shall dispose of LPA Nos. 1271, 1272, 1282, 1595 of 2013 and 1282 of 2013 directed against common judgment of the learned single Bench of this Court, dated 6.8.2013, as also LPA No. 604 of 2014 directed against an interim order, dated 16th January, 2014, passed by the learned single Judge in terms of the order passed in CWJC No. 2351 of 2013, now subject matter of LPA No. 1271 of 2013 and connected cases, but posted the writ application for hearing after the decision in SLP (Civil) No. 23713 of 2009 or LPA No. 1271 of 2013.

2. Since the issue is common in both sets of appeal, the same have been taken up for hearing together. For the facility of reference, the facts are being taken from LPA No. 1271 of 2013 (1st set of appeals).

3. The respondents have invoked the writ jurisdiction of this Court claiming a writ of certiorari for quashing the result of Preliminary Test (PT) of 53rd to 55th Combined Competitive Examination, held/published by Bihar Public Service Commission (for short, 'the Commission’), on 19th October, 2012, so as to recast the candidates on the basis of their merit without taking into consideration the category to which the candidates belong. In LPA No. 604 of 2014 (2nd set of appeal) the challenge was to the Preliminary Test held for appointment to the posts of Assistant Prosecution Officers advertised vide Advertisement No. 39 of 2009. The grievance was that in publication of the result of the Preliminary Test, the Commission should not give effect to the reservation, i.e., as is available for appointments at the stage of preliminary examination.

4. The Commission published an Advertisement for holding 53rd, 54th and 55th Combined Preliminary Examination, 2011. The Advertisement contemplated that 40% marks for General Category, 36.5% marks for Backward Class Category, and 34% for Extremely Backward Class, and 32% marks for Scheduled Castes and Scheduled Tribes would be necessary for passing out the preliminary examination. The writ petitioners are candidates from General Category as well as reserved categories.

5. In the counter affidavit filed on behalf of the State, it is pointed out that the petitioners have secured less marks than the cut-off marks in General/reserved category. However, in pursuance of an order, dated 04.01.2012, passed in CWJC No. 13022 of 2011, additional number of 5442 candidates have been declared successful for appearing in the Main Examination. But only one candidate, i.e., the petitioner, Shri Rakesh Kumar, became successful. It is also mentioned that the State Government has provided reservation for different categories, vide Notification, dated 3rd September, 2002. The Preliminary Test is initial process to shortlist reasonable number of candidates for the Main Examination on the basis of merit from amongst the members of appearing candidates. The Commission, vide Notification, dated 15th July, 1995, had resolved that Preliminary Test would be merely a test to select candidates for the Main Examination and would have nothing to do with the merit of the Main Examination. The number of candidates for the Main Examination should be either ten times of the reported total number of vacancies or ten percent of the total number of candidates, who have actually taken the Preliminary Test.

6. It is also pointed out that short listing is made keeping in view minimum percentage of marks obtained by the candidates representing different reserved categories. Thus, the Commission short listed the candidates for the Main Examination to maintain adequate ratio of representation of each reserved category. It is stated that unless and until such short listing is made, it is not possible for the Commission to give effect to the reservation policy of the State Government at later stage of the selection process, because less number of candidates of reserved categor