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P. B. BAJANTHRI, RAJIV ROY
Subodh Kumar Rai – Appellant
Versus
State of Bihar – Respondent
Rajiv Roy, J.—The present appeal has been preferred for setting aside the order dated 06.08.2021 passed in CWJC No. 19387 of 2017 by learned Single Judge (Hon’ble Mr. Justice Mohit Kumar Shah) whereby and whereunder the learned Single Judge has been pleased to dismiss the writ application on the ground that neither any candidate having lesser marks than that of the petitioner in the Backward category nor any candidate having lesser marks than the cut-off marks in their respective category in the Mains (written) examination have been declared successful with further observation that the private respondents no. 6 and 8 namely Puja Bharti and Priyanka Kumari have qualified under their own category, i.e. backward class women category.
2. The facts relating to the present case is/are as follows:—
On 19.10.2011, the Bihar Public Service Commission (henceforth for short “the BPSC”) issued Advertisement No. 42/2011 for appointment to the post of Assistant Prosecution Officer (henceforth for short “the APO”). The appellant-petitioner was one of the applicant pursuant to the said advertisement under the OBC category.
The examination was conducted in the year 2015 and the petitioner secured 498
Qualifying marks in recruitment are class-specific, allowing candidates to progress in selection regardless of their category, as per Articles 14 and 16 of the Constitution.
Earmarking of 200 marks for viva voce test as against 850 marks for written examination does not violate the doctrine of equality embodied in Article 14 and 16 of the Constitution.
The court affirmed that candidates should not face disqualification from selection processes not transparently defined upfront, emphasizing equal treatment under similar circumstances.
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