IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1832 of 2022 ======================================================

Jaya Jagriti D/o Sri Jai Prakash Chaurasia, W/o Shri Chandan Kumar, resident of Village - Rampur P.O. and P.S. Jamalpur, District - Munger. 811214, at present resident of Q.No. D.1/15. Radio Colony Kings way Camp, G.T.B.

Nagar West Delhi. 110009.

... ... Petitioner/s Versus

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

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

3. The Chairman, Bihar Public Service Commission, 15 Jawahar Lal Nehru Marg (Bailey Road) Patna Bihar- 800001.

4. The Secretary, Bihar Public Service Commission, Bihar Patna, 15, Jawahar Lal Nehru Marg (Bailey Road) Patna . 800001.

5. The Joint Secretary-cum-Examination Controller, Bihar Public Service Commission, Patna. ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Abdul Manan Khan, Advocate Mr. Binay Kumar, Advocate For the Respondent/s : Mr. Rajni Kant Jha, Advocate Mr. Manish Kumar, GP 4 ======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

6 10.03.2026 1. Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has filed the instant application for the following relief:

“(i) For issuance of a writ of certiorari or any other appropriate writ order or direction for quashing the result of Bihar Public Service Commission in respect of Assistant Director (Agricultural Service Class-I), published by the Bihar Public Service Commission on 24.12.2021 in which the petitioner has been put in general category and has been declared fail.

Photo copy of the result sheet is annexed and marked as Annexure-1 to this writ application.

(ii) For issuance of appropriate writ, order or direction commanding the respondents authority to modify/rectify the result in question by declared the petitioner as successful candidate in the Backward Mahila category and accordingly she may be appointed in the Agriculture Class 1st Service. (iii) For issuance of a writ of mandamus or any or direction other appropriate writ order, restraining the respondents authorities from filling up the vacancy on the post of Agriculture Services Class-I on the basis of erroneous result published by the Bihar Public Service Commission.

(iv) For any other relief/reliefs for which the petitioner is found to be entitled under the provision of law involved in the present case.

3. The case of the petitioner in brief is that on the respondent Bihar Public Service Commission (‘BPSC’ in short) coming out with Advertisement no. 86 of 2014, the petitioner having requisite qualification applied for appointment on Agricultural Service Class-1 post in the Backward Mahila category.

4. Learned counsel for the petitioner referring to the caste certificate of the petitioner brought on record as Annexure-3 to the writ application submits that it is not in dispute that the petitioner belongs to Barai caste which was under the Backward Class category. The petitioner submitted the caste certificate in original on the date of the interview, however, was surprised that the petitioner was considered in the General Category and the petitioner was not selected. Referring to the order of the BPSC brought on record as Annexure-1 to the writ application, it was submitted that though the petitioner had produced the caste certificate, the petitioner did not produce the certificate to the effect that she did not belong to the creamy layer ie she did not produce the Non-Creamy Layer Certificate. Learned counsel for the petitioner in reference to the statement made in paragraph no. 14 of the counter affidavit submits that the respondents have admitted therein that at the time of interview the petitioner submitted the Non-Creamy Layer Certificate for verification, wherein the category was mentioned as EBC a