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SANJEEV PRAKASH SHARMA
Dhananjai Singh – Appellant
Versus
State of Bihar – Respondent
Sanjeev Prakash Sharma, J. – The petitioner, by way of this writ petition, prayed for quashing the result dated 23.08.2017 with respect to him whereby his earlier result dated 17.05.2017 (Annexure-P4) was modified by the Bihar Public Service Commission (hereinafter referred to as ‘the BPSC’) and one Manish Kumar Jaiswal (respondent No.9) was replaced by him as a successful candidate for appointment as an Assistant Professor, Chemistry for Lalit Narayan Mithila University, Darbhanga and he was ousted from the selection process. Further, he has prayed to declare respondent No.9, namely, Manish Kumar Jaiswal ineligible for consideration as a Backward Category candidate. Alternatively, he further prays to shift respondent No.10, namely, Kumari Priti to the Backward Class Lady category from Backward Category and treat the said Backward Category post for the petitioner for appointment as Assistant Professor in Chemistry in Jai Prakash Narayan University, Chapra where the respondent No.10 has been posted.
2. Brief facts of the case which need to be noticed for the purpose of disposal of this writ petition are that an advertisement was published for appointment to the post of Assistant Prof
Point of law: if a candidate who secured more marks than the last selected candidate, if a candidate from OBC/BC has secured more marks than the last selected candidate from open category, such candi....
Candidates securing higher marks than unreserved category cannot claim reservation benefits unless explicitly provided by state policy; constitutional provisions require formal policy to confer reser....
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