JUDGMENT :

1. Whether the respondent Bihar Public Service Commission was justified in considering petitioner’s candidature against an open (unreserved) vacancy of the post of Lecturer in the subject of Arts and craft for various Training College in the State of Bihar and thus denying him the benefit of reservation available for Extremely Backward Class, in the facts and circumstances of the present case, is the only question which the present writ application involves.

2. The petitioner claims that he belongs to Lohar community, which was recognized as Extremely Backward Class (EBC). The Bihar Public Service Commission (BPSC) came out with an advertisement No. 04/2016 in May, 2016 inviting applications for selection for appointment to the post of Lecturers in the subject of Arts and Craft in various Government Training Colleges. A total number of 26 vacancies were advertised. Five out of 26 vacancies were reserved for EBC category. Clause 7 of the advertisement related to reservation in the matter of selection process in question. Clause 7(ii)(B) of the advertisement clearly mentioned that candidates claiming reservation against the Backward Class category and EBC category shall hav