Back
S. N. PATHAK
Ram Prakash Ram – Appellant
Versus
State of Jharkhand through its Secretary / Principal Secretary, Personnel, Administrative Reforms and Rajbhasha Department – Respondent
JUDGMENT :
S.N. PATHAK, J.
Since the common questions of law and similar facts are involved in both these writ petitions, the same have been heard together and are being disposed of by this common order with the consent of the learned counsel appearing for the parties.
2. Heard the learned counsel for the parties.
Prayers
3. The petitioners have thrown challenge to the authority of the respondents, in particular respondent-Jharkhand Public Service Commission (in short JPSC), whereby the JPSC has declined to accept the candidatures of the petitioners in the reserved category (B.C.-I / B.C.-II) while publishing results. The prayers of the petitioners are that to quash and set aside such decision of the respondent-JPSC and hold and declare that the petitioners are entitled for reservation in the category of B.C.-I/B.C.-II for the post of Deputy Collector pursuant to Advertisement No. 05/2005.
The facts of W.P.(S) No. 2361 of 2023
4. The petitioner Ram Prakash Ram was issued caste certificate dated 24.09.1999 by District Magistrate, Gaya in the undivided State of Bihar, which fully certifies that the petitioner belongs to B.C.-I category. He was appointed as Assistant Teacher in the district
Employees appointed in reserved categories prior to state bifurcation are entitled to claim reservation benefits in the successor state, and arbitrary rejection of their candidatures violates constit....
Public Service Commission - Promotional benefit - Candidates who have not taken birth in the cadre, the services would be counted prior to the date of appointment which cannot be allowed.
Denial of Scheduled Caste status based on caste certificate format is unconstitutional under Article 14, violating rights protected by Section 73 of the Bihar Reorganization Act, 2000.
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....
The duty of Parliament to ensure no individual is disadvantaged due to state reorganization, and the protection of service conditions and benefits under the Bihar Reorganization Act, 2000.
Candidates from reserved categories must prove non-reliance on eligibility relaxation to be adjusted against unreserved seats; participation without challenge limits claims.
Merit-based selection requires inclusion of qualified candidates from reserved categories in the unreserved list at the preliminary examination stage, ensuring compliance with equality and fairness p....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
