JANARDAN PRASAD AGRAWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Pursuant to the advertisement dated 8.8.1999, issued by the Bihar Public Service Commission, the Petitioner had applied for the 43rd Combined Examination. The advertisement of the Bihar Public Service Commission is Annexure-1 Petitioner is a permanent resident of Chatra which at that time was in Bihar. Petitioner claims that he was BG-II category person, for which, he has requisite certificate and he applied, as such, seeking privilege of reservation. On 9.12.1999 preliminary examinations were held and Petitioner qualified. Petitioner was then admitted to the final examination, which were conducted towards the end of 2001. When results of final examination were declared, Petitioner got 852 marks. The cut off marks for general category was 853 still on basis of reservation Petitioner being BC-II category Petitioner was not selected. This is what has brought the Petitioner to this Court.

(2.) State and B.P.S.C. have filed counter affidavits and rejoinders, with consent of parties, the writ petition has been heard for final disposal at this stage itself.

(3.) In the counter affidavit both the State and B.P.S.C. have taken stand that with effect from 15.11.2000 the erstwhile State of Bihar was bifurcated by the State Reorganization Act, 2000. Chatra now fell under the State of Jharkhand and was not a part of State of Bihar. Petitioner, thus, became a permanent resident of the State of Jharkhand and not the State of Bihar. As per the policy decision of the State Government, as reflected in the circular dated 11th January, 1996 issued by the Personnel and Administrative Reforms Department, Government of Bihar, which provided that the benefit of reservation would only be to permanent residents of Bihar in respect of Scheduled Caste and Scheduled Tribe and other reserved category falling within the notifications in respect of Bihar, the Petitioner being a non-resident could not get the benefit of reservation.