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2021 Supreme(Pat) 863

CHAKRADHARI SHARAN SINGH
Birendra Kumar Singh, S/o. Ram Bilash Singh – Appellant
Versus
State of Bihar, Through Chief Secretary, Government of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Naresh Chandra Verma, Mr. Natraj Verma, Mr. Arun Kumar Lal.
For the Respondent: Mr. Dr. Ratan Kumar, Mr. Pawan Kumar, Mr. Satyabir Bharti.

JUDGMENT :

1. This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

2. The nine petitioners in the present writ application were applicants for appointment on the post of driver in the State Government pursuant to an advertisement issued by the Bihar Staff Selection Commission (hereinafter referred to as 'the Commission'). The selection process is governed by Bihar Driver's (Recruitment and Service Conditions) Rules, 2005, as amended by Bihar Driver's (Recruitment and Service Conditions) (Amendment) Rule, 2014 (hereinafter referred to as 'the Rules'). In consonance with Sub-Rule 5 and 6 of Rule 4 of the Rules, the advertisement inter alia contemplated that a written test of 75 marks shall be held. The advertisement further required that the candidates must score minimum qualifying marks in the written test, as prescribed in resolution no. 2374 dated 16.07.2007 issued by the Personnel and Administrative Reforms Department (General Administration Department), Government of Bihar. The said resolution dated 16.07.2007 prescribed 40% for General, 36.5% for Backward Class, 34% for Extremely Backward Class, 32% for Scheduled Caste/Schedule Tribes and 32

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