IMPORTANT POINT
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 constitutional provisions ensuring equality and non-discrimination.

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 of Dumka on 20.05.2000 under the extremely backward class (BC-I) category. The service book was opened and such e-service book mentioned his category as B.C.-I. The JPSC issued Advertisement No. 05/2005 for appointment on the post of Deputy Collector through Limited Departmental Examination. The advertisement stipulates that an employee, who is serving in the State of Jharkhand on a Class-III post for five years, is entitled to apply and participate in the selection process. The petitioner being eligible applied for such appointment on the post of Deputy Collector. The candidature of the petitioner was found to be in order and hence, he was issued admit card, whereby the examination was scheduled to be held on 29.12.2019, but the date was later on shifted to 03.01.2020 by issuing appropriate corrigendum. The petitioner participated in the examination and the result thereof was published by JPSC, as per which, the petitioner obtained 133 marks, but he has been shown ‘not selected’ as his candidature was considered under unreserved category. The cut-off marks was uploaded by the JPSC and as per which, the last selected candidate in BC-I category has scored 125 marks i.e. much less than the petitioner.

The facts of W.P.(S) No. 2394 of 2023

5. The petitioner Hare Ram Singh was issued caste certificate on 16.9.1994 by Sub-Divisional Officer, Jagdishpur in the district of Bhojpur (Bihar), which certifies that he belongs to Backward Category (BC). He was appointed on 07.10.1994 as Assistant Teacher in the district of Hazaribagh in the undivided State of Bihar which now falls within the territorial jurisdiction of Jharkhand. The service book of the petitioner was opened and it has duly been mentioned therein that he belongs to BC category. The existing State of Bihar was bifurcated on 15.11.2000. The Successor State of Jharkhand thereafter issued Advertisement No. 05/2005 for appointment on the post of Deputy Collector through Limited Departmental Examination. Clause 9 of the Advertisement duly stipulates that the candidates who are claiming reservation are required to submit their application form through their Controlling Officer, otherwise the benefit of reservation would not be admissible. The State of Jharkhand issued a Circular contained in Memo No. 3198 dated 18.04.2016 which defines “Local Resident of Jharkhand”. As per this circular, the employee working in the State of Jharkhand or Central Government or his wife or children are entitled for benefit of local resident of Jharkhand. Considering this aspect, the petitioner was issued local resident certificate on 7.2.2017. The Sub-Divisional Officer, Chatra has issued caste certificate also in his favour duly certifying that he belongs to BC-II category on 22.3.2017. The JPSC demanded caste certificate o