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2024 Supreme(Pat) 486

IN THE HIGH COURT OF JUDICATURE AT PATNA
Dr. ANSHUMAN, J.
CWJC No.11672 of 2024
(6.8.2024)
Vidyawati Kiran ... Petitioner
vs.
State of Bihar & Ors. ... Respondents

Advocates:
For the Petitioner: M/s Mrigank Mauli, Sr. Adv., Prince Kumar Mishra.
For the Respondents: Mr. Santosh Chandra Bhaskar, AC to GP-11.
For the B.P.S.C. : M/s Sanjay Pandey, Nishant Kumar Jha.

Headnote:

Service Law – Appointment to the post of Assistant Prosecution Officer – eligibility of residence for reservation as S.C./S.T. candidate – petitioner was not treated as permanent resident of State of Bihar and therefore, not entitled for benefit of reservation as S.C./S.T. candidate – Rule in this regard was framed prior to the advertisement and the petitioner has no option but to follow the rule until and unless it is changed – the writ petition dismissed accordingly. (Para 9)

Vidyawati Kiran, CWJC No. 1264 of 2024, dated 8.2.2024 – Referred to.

Dr. Rajesh Kumar Paswan Vs. State of Bihar, AIR 1997 Pat. 31 – Distinguished.

Dr. Anshuman, J.—Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Bihar Public Service Commission.

2. The present writ petition has been filed with the following reliefs:—

(i) For issuance of a writ in the nature of Certiorari or any other appropriate writ for quashing the Memo No.5018 dated 07.03.2024 issued by Secretary, Bihar Public Service Commission (hereinafter referred to as the "Commission") whereby and whereunder, representation of petitioner made pursuant to liberty granted vide order dated 08.02.2024, passed in C.W.J.C. No. 1264 of 2024, has been rejected stating inter-alia that benefit of reservation would be admissible only to the original resident of State of Bihar and since the father of petitioner is a resident of State of Uttar Pradesh, and therefore petitioner cannot be treated as original resident of State of Bihar, consequently, she would not be entitled to grant of reservation in State of Bihar.

(ii) For issuance of a writ in the nature of Certiorari or any other appropriate writ for quashing the Letter dated 26.04.2024 issued by Deputy Secretary, Bihar Public Service Commission (hereinafter referred to as the "Commission")- whereby and whereunder, representation of petitioner made pursuant to liberty granted vide order dated 08.02.2024, passed in C.W.J.C. No. 1264 of 2024, has been rejected stating inter alia that benefit of reservation would be admissible only to the original resident of State of Bihar and since the father of petitioner is a resident of State of Uttar Pradesh, she would not be entitled to grant of reservation in state of Bihar.

(iii) For issuance of a writ in the nature of Certiorari or any other appropriate writ for quashing the Result dated 02.12.2023 in connection with Advertisement No. 01/2020 for appointment to the post of Assistant Prosecution Officer issued by Commission, - to the extent it related to the petitioner - whereby and whereunder, candidature of petitioner bearing Roll No. 100225 has been canceled on the ground that she does not have requisite certificate to claim the benefit of reservation under Schedule Caste Category in the State of Bihar.

(iv) For issuance of order, direction or writ of Mandamus or any other appropriate writ for directing the respondent commission to accept the candidature of petitioner under the Scheduled Caste category in connection with Advertisement No. 01 of 2020 for appointment to the post of Assistant Prosecution Officer issued by Commission on the strength of caste certificate produced by her in the peculiar circumstances that both her husband and father, belongs to Schedule Cast community (Dushadh Caste) and she got married on 27.02.1996 and thereafter, completed her entire education in the State of Bihar and she is permanent resident/Domicile of State of Bihar.

(v) For any other orders or direction which your Lordship may deem fit in the interest of equity, justice and good conscience.

(vi) Cost of this litigation.

3. Learned counsel for the petitioner submits that the petitioner has eligibility in terms of the advertisement No. 01 of 2020 dated 06.02.2020 for appointment on the post of Assistant Prosecution Officer in the State of Bihar. She appeared in the preliminary examination as a Scheduled Caste Category candidate. Being successful, she had participated in the mains examination wherein also she had been declared successful. The petitioner was directed to appear in the interview whereupon she appeared in the interview with all documents but when Commission published the final result of Assistant Prosecution Officer on 02.12.2023, petitioner was amongst the eight candidates declared unsuccessful on the ground that they could not furnish their requisite certificates relating to reservation etc.

4. Learned counsel for the petitioner submits that being aggrieved and dissatisfied with the decision of the Commission, the petitioner had preferred writ petition before this Hon’ble Court in CWJC No. 1

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