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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.472 of 2023 In Civil Writ Jurisdiction Case No.18940 of 2019 ======================================================

1. The Bihar Public Service Commission through the Secretary, Bailey Road, Patna.

2. The Joint Secretary-cum-Examination Controller, Bihar Public Service Commission, Bailey Road, Patna.

... ... Respondents/Appellants Versus

1. Dr. Sushma Sharan, daughter of Late M.C. Ram, Resident of C/C-56, P C Colony, Kankarbagh, P.S.-Kankarbagh, District-Patna.

….. Petitioner/Respondent

2. The State of Bihar.

3. The Principal Secretary, Medical, Education and Family Welfare Department of Health, Government of Bihar, New Secretariat, Patna.

... ...Respondents/Respondents ======================================================

Appearance :

For the Appellants : Mr. Kaushal Kumar Jha, Advocate Mr. Amish Kumar, Advocate For the Respondent No.1: Mr. Chitranjan Sinha, Sr. Advocate Mr. P. N. Pathak, Advocate For the State : Mr. Anil Kumar Verma, AC to AAG-9 ======================================================

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE SOURENDRA PANDEY

CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

Date : 30-10-2026 The present appeal has been filed against the judgment dated 14.02.2023, passed by the learned Single Judge in CWJC No.18940 of 2019 whereby and whereunder the respondents have been directed to consider the case of the respondent no.1 for appointment on the post of Assistant Professor in the department of Obstetrics and Gynecology under scheduled caste category on the basis of her merit, if she is found otherwise suitable and then it has been directed that she shall be offered appointment from the date similarly placed persons having lower merit than her have been appointed, however without all consequential benefits, except what has been specified in the said judgment.

2. The brief facts of the case are that an advertisement bearing No.20/2017 was published by the Bihar Public Service Commission (hereinafter referred to as “the BPSC”) for appointment of 74 Assistant Professors in various Medical Colleges and Hospitals, out of which 13 posts were reserved for scheduled caste category and out of the said 13 posts, 5 posts were earmarked for female candidates. The respondent no.1 had applied in pursuance to the said advertisement published in the year 2017 for being appointed on the post of Assistant Professor in the department of Obstetrics and Gynecology under the scheduled caste category along with the requisite documents and caste certificate issued by the Sub-divisional Officer vide Certificate No.1598 dated 02.08.2006. The application of the respondent no.1 was then scrutinized and upon finding the same to be in order, the BPSC had issued interview letter to the respondent no.1, whereafter the respondent no.1 had appeared in the interview on 28.02.2018. Thereafter, all the requisite original documents, including caste certificate of the respondent no.1 were also verified. The result of successful candidates was published on 08.08.2019, however the name of the respondent no.1 did not find place under the scheduled caste category.

3. The respondent no.1 had pleaded in the writ petition that she is daughter of Late Mahim Chand Ram, who belongs to the scheduled caste category, as is apparent from the caste certificate dated 17.08.2019, issued by the Circle Officer, Patna Sadar, apart from the fact that her husband, namely Ganga Sharan also belongs to scheduled caste category. The respondent no.1 being aggrieved on account of her not being selected as Assistant Professor in the department of Obstetrics and Gynecology under the scheduled caste category in connection with Advertisement No. 20 of 2017 had filed a writ petition bearing CWJC No.18940 of 2019, inter alia praying therein to direct the respondents to declare the result of the respondent no.1 against the post of Assistant