Bibek Chaudhuri, J. – These batch of writ petitions having similar set of questions of law and fact have been heard together and this court proceeds to deliver the following judgment to dispose of aforementioned writ petitions by a composite judgment.

2. In all the aforementioned writ petitions the petitioners appeared for selection and appointment the post of assistant engineer (civil) on the basis of an advertisement bearing number 2 of 2017 issued by Bihar Public Service Commission on 3rd March 2017, which was subsequently amended by another notification having same advertisement number dated 6th February 2019, whereby and where under the number of posts were increased by the BPSC in consultation with the concerned department of the state government.

3. There are certain factual differences in respect of in the cases of the petitioner which I propose to discuss at the relevant point of time.

4. In all the writ petitions the petitioners have invoked extra ordinary constitutional writ jurisdiction of this court under article 226 of the constitution for the following reliefs: –

1. For a direction upon the Respondent Bihar Public Service Commission to consider the candidature of the Petitioner for the post of Assistant Engineer (Civil) pursuant to Advt. No, 02/2017 and recommend the name of the Petitioner for the said post as Petitioner has been illegally omitted from the final result by denying the benefits of 35% horizontal reservation for female candidates under Letter No. 2342 dated 15.02.2016 issued by the General Administrative Department, Bihar.

2. To pass any other order/orders in shape of a consequential relief to which the Petitioner may be found to be legally entitled to in the facts and circumstances of the instant case at hand.

5. It is on record that in the above mention writ petition, the contesting parties have submitted series of affidavits which would be profitable to discuss in brief chronologically.

6. Petitioner, namely Sushma Kumari filed the writ application under Article 226 on 31.08.2021. The fact in brief is that the Petitioner applied for the post of Assistant Engineer (Civil), under Unreserved Category, pursuant to Advertisement No. 02/2017 issued by the Bihar Public Service Commission. It is stated that a total number of 1284 vacancies under different departments of the State of Bihar was advertised vide Advertisement No. 02/2017. Petitioner was allotted Roll No. 213988 in the selection process and she cleared the preliminary examination conducted on 15.09.2018. Thereafter, a Notification dated 06.02.2019 was published by the Commission inviting applications from candidates who had cleared preliminary examination. Further, terms and conditions of the Advertisement No. 02/2017 was reiterated in the said Notification. There is a specific stipulation in the aforesaid Advertisement that 35% horizontal reservation for women would be maintained in light of Letter No. 2342 dated 15.02.2016 issued by the General Administrative Department, Bihar. It is further clarified in the said Letter that in case of any vacancy reserved for female being unfilled can be filled in by male candidates. Petitioner appeared in mains examination from 27.03.2019 to 31.03.2019 and was subsequently declared successful in the mains examination vide result dated 24.01.2021. Petitioner was called for interview on 18.03.2021 and performed at par with other candidate. Name of the Petitioner was omitted from the Final Result dated 14.07.2021 and only 1240 candidates were declared successful against 1284 vacancies. It is stated that a bare perusal of the final result would reveal that under Unreserved (01) category only 702 candidates were declared successful whereas total number of vacancies under Unreserved Category was 733.

7. Under Unreserved Category, benefit of horizontal reservation has been given to Physically Handicapped and under Freedom Fighter quota. However, such benefit of horizontal reservation has not been given to female candi