SARVESH CHANDRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, the State, Bihar Public Service Commission (hereinafter referred to as the BPSC).

(2.) Petitioners appeared for 46th Combined Competitive Examination 2005 conducted by the BPSC. They belong to Backward Class and Most Backward Class category. This writ petition has been filed questioning the applicability of the Reservation Policy of the State as enshrined in the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991 (herein after referred to as the Act) to the select list drawn after conclusion of the selection process conducted pursuant to 46th Combined Competitive Examination 2005, as while permitting 10 reserved category candidates selected in general category named in paragraph 8 of the writ petition to opt for the vacancies earmarked for the Reserved category, equal number of vacancy of the general category was not made available to the concerned reserved category as is required in the light of sub-section-(3) of Section 4 of the Act. For ready reference sub-sections (1), (2) and (3) of Section 4 of the Act are quoted hereinbelow:

(3.) With reference to the abovequoted sub-section (3) of Section 4 of the Act, it is submitted that 10 of the reserved category candidates named in paragraph 8 of the writ petition were selected against general vacancy but appointed against reserved vacancy without making available equal number of general vacancy to the concerned reserved category thereby candidates named in paragraph 8 were counted as reserved category candidate contrary to the mandate of sub-section (3) of Section 4 of the Act which, inter alia, require that a reserve category candidate selected on the basis of his merit against general vacancy be counted against the 50% general vacancy.