STATE OF BIHAR Vs. MADHUSUDAN

JUDGEMENT

(1.) THIS appeal is barred by limitation.

(2.) AFTER hearing learned counsel for the parties and taking into consideration the averments made in the limitation petition, we are satisfied that sufficient ground has been made out to condone the delay. Accordingly, the delay In fifing this appeal is condoned.

(3.) THE facts which are not in dispute are that the writ petitioner -respondent no.1 was one of the candidates in the 37th Combined Competitive Examination held for filling up of the post of Bihar Police Service, Bihar Administrative Service, etc. In the said examination, the writ petitioner respondent no. 1 claimed himself to be member of Scheduled Caste. He secured 583.5 marks. There were four posts vacant in the Bihar Police Service (Deputy Superintendent of Police). Two posts were for general category, one for Scheduled Caste and one for Extremely Backward Class. On the basis of marks obtained by the writ petitioner -respondent no. 1 and treating him as Scheduled Caste candidate he was recommended for appointment on the post of Deputy Superintendent of Police and he was appointed on the said post. Later on, the Government came to know that he has wrongly claimed that he belongs to Scheduled Caste category though he is Baniya by caste which comes under O.B.C. Category. Thereafter, the matter was enquired into at the Government level, show cause was issued to the writ petitioner and after perusal of the show cause and after taking opinion of the Law Department and Advocate General, the Government came to the conclusion that the writ petitioner has obtained appointment by falsely claiming member of the Scheduled Caste and accordingly sought for opinion/concurrence of the Bihar Public Service Commission. The writ petitioner challenged the said decision of the Government by filing writ application.