IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10174 of 2022 ======================================================

Gaurav Kumar S/o- Sankar Saw Address- Vidyapith Chowk, P.O.- Lakhisarai, District- Lakhisarai, Bihar, Pin- 811311 at present residing at C/o - Sankar Saw, 21 D Fourth Floor, Skylark Apartment, Site- 2, Ghazipur, East Delhi-

110096.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna, Bihar.

2. The Additional Chief Secretary, Road Construction Department, Government of Bihar, Patna.

3. The Secretary, Public Health Engineering Department, Government of Bihar, Patna.

4. The Secretary, Water Resources Department, Government of Bihar, Patna.

5. The Secretary, Building Construction Department, Government of Bihar, Patna.

6. The Secretary, Rural Works Department, Government of Bihar, Patna.

7. The Secretary, Planning and Development Department, Government of Bihar, Patna.

8. The Principal Secretary, Minor Water Resources Department, Government of Bihar, Patna.

9. The Bihar Public Service Commission through its Chairman, Patna.

10. The Secretary, Bihar Public Service Commission, Patna.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Kumar Brijnandan, Advocate Mr. Amit Pandey, Advocate Mr. Rakesh Kumar, Advocate For the State : Mr. Uday Shankar Sharan Singh ( GP- 19 )

For the B.P.S.C. : Mr. Sanjay Pandey Mr. Nishant Kumar, Jha ======================================================

CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR

CAV JUDGMENT

Date :16-03-2026 Heard the parties.

2. The present writ petition has been filed for commanding the respondents to appoint the petitioner on the post of Assistant Engineer ( Civil) under EBC category on the advertised posts of Advertisement No. 02/2017, remaining vacant due to non-joining of at least 17 finally selection candidates of EBC category, in as much as the petitioner herein belongs to EBC category and he has obtained 434 marks in the final examination (written examination + interview) whereas the cut off marks of EBC category candidates for the said Advertisement was 435 marks only and as per the RTI information supplied by the Bihar Public Service Commission, the petitioner herein has been placed at 9^th merit posts (Merit Serial No. 1508) below the last selected candidate under the EBC male Category.

3. The learned counsel for the petitioner submits that the Bihar Service Public Commission issued Advertisement No. 02/11 for recruitment on the posts of Assistant Engineer ( Civil) in various Works Department under the State of Bihar, final result of which was published on 27.05.2013 and thereafter no advertisement was issued for recruitment on the posts of Assistant Engineer ( Civil) till 2017. Advertisement No. 02/2017 was issued by the Bihar Public Service Commission (hereinafter referred to as BPSC) by notice dated 03.03.2017, for filling up 963 vacant posts of Assistant Engineer (Civil) in various Works Department of the Government of Bihar.

Subsequently, vide notice dated 09.11.2017 the aforementioned advertisement was re-advertised by the B.P.S.C. and in the re- advertisement, the total number of posts were increased to 1237. The petitioner who belongs to the EBC category duly submitted his application form and participated in all the stages of recruitment process.

4. It has further been submitted by the learned counsel for the petitioner that the Bihar Public Service Commission published the result of the preliminary examination on 30.01.2019 and vide notice dated 06.02.2019 the successful candidates were invited to fill up the application forms for appearing in the Mains/Written Examination. Subsequently, Advertisement No. 01 of 2019 was issued by the BPSC by notice dated 08.03.2019 for filling up 31 posts of Assistant Engineer ( Civil) in the Building Construction Department and also for filling up 83 vacant posts of Assistant Engi