IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25349 of 2019

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Priyanka Kumari Daughter of Sri Yogendra Sah Resident of Village-Karhatia

Buzurg, P.S.-Goraul, District-Vaishali.

... ... Petitioner

Versus

1.

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

2.

Bihar Public Service Commission, through the Chairman, 15, Jawaharlal

Nehru Marg, Bailey Road, Patna-800001

3.

The Chairman, Bihar Public Service Commission, 15, Jawaharlal Nehru

Marg, Bailey Road, Patna-800001

4.

The Joint Secretary Cum Examination Controller, Bihar Public Service

Commission, 15, Jawaharlal Nehru Marg, Bailey Road, Patna-800001

5.

The Patna High Court, Patna, through its Registrar General, Bailey Road,

Patna-800001

6.

Varsha Kumari Female, Roll No.-121207 through the Chairman, Bihar

Public Service Commission, 15, Jawaharlal Nehru Marg, Bailey Road,

Patna-800001.

... ... Respondents

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Appearance :

For the Petitioner/s

:

Mr. Rajnikant Singh, Advocate

For the Respondent-BPSC

:

Mr. Ratnesh Kumar Singh, Advocate

For the Respondent PHC

:

Mr. Piyush Lall, Advocate

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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH

and

HONOURABLE MR. JUSTICE SHAILENDRA SINGH

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH)

Date : 08-08-2022

In the present writ application, the petitioner has

made a prayer to direct the respondents to declare her as a

successful candidate in the final result of 30^th Bihar Judicial

Patna High Court CWJC No.25349 of 2019 dt.08-08-2022

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Services Competitive Examination, 2018 in the Extremely

Backward Class (EBC).

2.

The case of the petitioner is that pursuant to the

Advertisement No. 06 of 2018 inviting application from eligible

candidates for appointment against 349 posts of Civil Judge

(Junior Division), the petitioner being eligible, applied in the

EBC (Female) category. The advertisement clearly stipulated

that 73 posts were reserved for candidates belonging to the EBC

category. After the submission of the application, the

respondents released admit card and she appeared in the 30^th

Bihar Judicial Services Preliminary Competitive Examination

held on 27.11.2018 and qualified in the test. After qualifying the

preliminary test, she received admit card for the Main (Written)

Examination. She appeared in the Main (Written) Examination

which was held from 07.06.2019 to 12.06.2019. Since she had

obtained 443 marks in the Main (Written) Examination, she was

declared qualified for interview. She appeared in the interview

on 16.11.2019 and obtained 65 marks. Thus, she got 508 marks

in the final cumulative result of the Main (Written) Examination

and interview.

3.

On the date of interview, she was informed that the

caste certificate submitted by her is not in the prescribed

Patna High Court CWJC No.25349 of 2019 dt.08-08-2022

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manner. Though she had submitted the caste certificate along

with her income certificate and residence certificate issued by

the State Government, the respondent-Bihar Public Service

Commission (for short ‘BPSC’) did not consider the same to be

in proper form. The petitioner also sent the EBC (Non Creamy

Layer) Certificate issued for the purpose of appointment to the

posts under the Government of India along with an application

through e-mail on both e-mail IDs of the respondents on

16.11.2019 and 23.11.2019 respectively. After getting no

response from the respondents, she sent the EBC (Non Creamy

Layer) Certificate issued by the State Government for the

purpose of appointment to the posts under the Government of

India along with an application through speed post on

25.11.2019. She got the (Non Creamy Layer) Certificate issued

by the Government of Bihar in the prescribed