Harish Kumar, J.—Heard the parties.

2. The petitioner, an aspirant for the post of Elementary Teacher of Urdu subject (Class I-V) in connection with Advertisement No. 27 of 2023, has approached this Court seeking issuance of a writ in the nature of mandamus commanding upon the respondent authorities of the Bihar Public Service Commission (hereinafter referred to as the ‘Commission’) to publish the revised merit list for the teachers in Primary School for the afore noted Class in Urdu subject by including the name of the petitioner, on the premise that he has secured 54 marks in the Teachers Recruitment Examination (TRE-II), which is much above the cut off marks of 47 prescribed for the candidates belonging to the Orthopaedically Handicapped, in short, OH Category.

3. By way of Interlocutory Application No. 1 of 2024, the petitioner has also brought on record the fact that a fresh advertisement bearing No. 22 of 2024 has been issued, wherein unfilled vacancies under Orthopedically Handicapped Reserve Category of previous recruitment have been carried forward and merged into the fresh selection process. Hence, the petitioner has sought an amendment in the relief clause praying, therein, that one post under OH category may be reserved in favour of the petitioner, subject to the final outcome of the present writ petition. The petitioner through said I.A. also prayed for quashing of the resolution dated 22.01.2021 wherein the State has resolved that the candidates claiming reservation under the disability quota shall be accommodated in their category only.

4. The facts, brief stated are that pursuant to the caption advertisement published by the BPSC, the petitioner has applied for the post of Elementary Teacher (Class I-V) in Urdu subject under Orthopedically Handicapped in EWS category. In support of his claim of disability, the petitioner has annexed the disability certificate bearing Certificate No. 4106 dated 27.06.2023, copy of which is enclosed as Annexure-P/6. Subsequently, the admit card was issued in favour of the petitioner, pursuant to which he appeared in TRE-II Examination. The petitioner secured 23 marks in the Language paper, which was qualifying in nature and 54 marks in General Studies paper. Finally, on 27.12.2023, the merit list of the Elementary Teachers of Urdu subject was published by the Commission prescribing the cut off marks for OH Reserve Category at 47. Only 21 candidates were selected in the OH Reserve Category against the notified 72 posts of OH Reserved Category, nonetheless, the name of the petitioner did not find place in the merit list.

5. Learned Advocate for the petitioner, Mr. Adil Abbas submitted that it is not in dispute that the petitioner has secured 54 marks in Teachers Recruitment Examination-II, but he has not been selected irrespective of the fact the cut off marks for OH Reserve Category was fixed at 47 marks. Being aggrieved by the illegal exclusion, the petitioner has also submitted his grievance on the official portal of the BPSC stating all these facts; however no action has been taken by the concerned authorities in response to his grievance till date. Heavy reliance has been placed on a decision rendered by the 3-Judges Bench of the Hon’ble Supreme Court in the case of Saurav Yadav & Ors. vs. State of Uttar Pradesh & Ors. [(2021) 4 SCC 542]. Taking this Court through various paragraphs of the decision, learned Advocate for the petitioner, in sum and substance, contended that once the petitioner has secured more marks than the cut off marks prescribed for Orthopedically Handicapped Reserve Category in such circumstances, he cannot be ousted from the zone of consideration, that will lead to detriment of the petitioner and giving a complete go by to his merit. It is further contended that after making placement of the reserved category candidates as per the vertical reservation, when it comes to adjustment at the stage of horizontal reservation, even if such reserved category candidates