ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH)

In view of the submission made by learned counsel for the Bihar Public Service Commission (hereinafter referred to ‘the Commission’, paragraph 3 of the previous order dated 5.10.2026 requiring it to pay Rs. 10,000 to the High Court Legal Services Committee, is hereby waived.

2. The present Letters Patent Appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna has been directed against the final order and judgment dated 06.08.2024 passed by the Learned Single Judge in Civil Writ Jurisdiction Case No. 11672 of 2024. By the impugned order, the Learned Single Judge was pleased to dismiss the writ petition preferred by the present appellant.

3. Brief fact of this case are that pursuant to the advertisement, issued by the Bihar Public Service Commission (hereinafter referred to as BPSC) on 06/02/2020 bearing No 1/2020, writ petitioner (appellant herein) filed an application. Thereafter, he took part in the examination held 07/02/2021 through an admit card issued by BPSC, as Scheduled Caste Category Candidate. Being the qualified candidate in preliminary examination, petitioner was allotted admit card to appear in Mains Examination scheduled to be held on and from 12/11/2022 to 15/11/2022 and after passing the Mains Examination, she appeared in the interview with all documents but when the BPSC published the final result of Assistant Prosecution Officer on 2.12.2023, petitioner was amongst the eight candidates declared unsuccessful on the sole ground that her caste/domicile certificate was not issued based on her father's permanent place of residence. Her father is a permanent resident of the State of Uttar Pradesh, whereas she got married in 1996 in Biharand since then she has resided in Bihar continuously. Aggrieved appellant filed C.W.J.C. No, 1264 of 2024, wherein this Court vide order dated 08.02.2024 granted her liberty to approach the Commission for redressal of her grievance. The representation submitted by the appellant was rejected vide Memo No. 5018 dated 07.03.2024, and her review application dated 18.03.2024 was also turned down vide letter dated 26.04.20248. Challenging these rejection orders, the appellant filed C.W.J.C. No. 11672 of 2024, which was dismissed by the Learned Single Judge on 06.08.2024. Hence, this Letters Patent Appeal.

4. Learned counsel for the appellant submits that the appellant belongs to the Dushadh caste, which is recognized as a Scheduled Caste in both the State of Uttar Pradesh (her natal State) and the State of Bihar (her marital State). She completed her education in Bihar after her marriage on 27.02.1996 and has been permanently domiciled in Bihar for over 28 years. Under Sections 15 and 16 of the Indian Succession Act, 1925, upon marriage, a woman acquires the domicile of her husband.Thus, her domicile is unquestionably Bihar.

5. Per contra, learned counsel appearing for the State and the Commission support the impugned judgment and submit that the conditions governing reservation were clearly stipulated in Advertisement No. 01/2020 before commencement of the selection process. It is submitted that Column 6(ii) of the advertisement specifically provided that the benefit of reservation on the basis of caste would be available only to candidates who are permanent residents/original residents of Bihar. Candidates residing outside Bihar were not entitled to claim such reservation. It is further submitted that Column 6(iii) (A) required candidates belonging to the Scheduled Caste and Scheduled Tribe categories to produce both caste and permanent residence/domicile certificates issued by the competent authority. Learned counsel for the Commission further relies upon the instructions contained in the interview letter, particularly Clause 5(ii), read with the Government instructions dated 08.03.2011 and 10.03.2011, requiring married women claiming reservation to furnish the relevant certificates in the nam