SWEETY KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) In the instant three appeals, the judgments passed by the High Court of Judicature at Patna (hereinafter referred to as "High Court") in Sweety Kumari v. State of Bihar and Others (CWJC No. 18038/2021) dtd. 3/11/2021; Vikramaditya Mishra v. State of Bihar and Others (CWJC No. 3707/2020) dtd. 4/9/2021; and Aditi v. Bihar Public Service Commission Patna and Others. (CWJC No. 15325/2022) dtd. 19/4/2023 are under challenge. By the said judgments, the High Court upheld the decision of the official Respondents. The candidature of appellants was rejected by the official respondents on account of non-furnishing of original character certificates (in case of Sweety Kumari and Vikramaditya Mishra) and law degree (in case of Aditi) respectively.

(3.) The High Court in the first two cases dismissed the writ petitions relying upon the order passed in the case of a similarly situated candidate titled as Aarav Jain v. The Bihar Public Service Commission and Ors. (CWJC No. 24282/2019) decided on 4/5/2021. Whereas in the third case, the High Court while dealing with the case of the appellant Aditi and one similarly placed candidate named Ankita, through a common order found that though the appellant Aditi has her case on merits at par with Ankita, but due to non-availability of the vacancy in EWS category the relief as granted to Ankita cannot be extended to appellant Aditi.