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BIBEK CHAUDHURI
Ankit Kumar Shukla – Appellant
Versus
State of Bihar – Respondent
Bibek Chaudhuri, J.—These batch of writ petitions having similar set of questions of law and facts have been heard together and this Court proceeds to deliver the following judgement to dispose of aforementioned writ petitions by a composite judgement.
2. The Bihar Public Service Commission (hereinafter referred to as "BPSC" for short) came out with an advertisement bearing Advertisement Number 02/2017 for selection of candidates for the post of Assistant Engineer (Civil Engineering) in various Departments in the Government of Bihar. Petitioners fulfilling all the eligibility criteria, applied against the advertisement under the Unreserved Category and finding their applications and candidature in order, Petitioners were allotted Roll Numbers and issued admit cards. Petitioners appeared for the Preliminary Test (PT), which was held on 15.09.2018 and were declared successful in the result which was published on 30.01.2019. Thereafter, the Petitioners appeared in the Mains Examination held between 27.03.2019 to 31.03.2019 and were again declared successful in the results which were published on 24.01.2021. Thereafter, on 03.02.2021 BPSC published the schedule and instructions for inte
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....
A candidate belonging to a reserved category, if selected under the General/Open Category, is entitled to be considered for posting as per his or her preference on the basis of his or her merit among....
It is well-established that an authority cannot make any selection/appointment beyond the number of posts advertised, even if there were a larger number of posts available than those advertised.
Reservation policies in public employment must prioritize merit; candidates from reserved categories who qualify for general positions based on merit are to be treated as general category candidates.
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