RAKESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Ujjwal Kumar Sinha, learned counsel for the petitioner, learned A.C. to Standing Counsel-10, who appears on behalf of respondent Nos. 1 & 2 and Sri Lalit Kishore, learned senior counsel, who was assisted by Sri Satyabir Bharti, learned counsel for respondent Nos. 3 & 4/Bihar Public Service Commission (hereinafter referred to as "BPSC"). The petitioner, while invoking writ jurisdiction of this Court under Article 226 of the Constitution of India, has prayed for directing the respondent, particularly; respondent/BPSC to declare him as successful candidate in 53rd to 55th Combined Common Competitive Examination. It has been claimed that the petitioner had secured 772 marks and he belongs to the category of Extremely Backward Class as well as Handicapped candidates. He submits that in the aforesaid examination, cut-off marks was 649, whereas, he obtained 772 marks.

(2.) In this case, a counter affidavit has been filed on behalf of respondent Nos. 3 & 4/BPSC and a categoric stand has been taken that the petitioner was in the category of Orthopedic Disabled candidate and as per reservation policy of the State Govt., there are 3% reserved seats for handicapped persons and in the present examination, nine seats were reserved for orthopedic disabled persons. A categoric stand has been taken in paragraph Nos. 5 & 6, which are quoted hereinbelow:--

(3.) Sri Lalit Kishore, while referring to list of orthopedic handicap candidates, submits that the candidate, who was at serial No. 9, had obtained 787 marks and he was selected, whereas, the petitioner had got 772 marks and above the petitioner, there are other seven persons belonging to orthopedic handicap category, who has obtained higher marks than the petitioner. Accordingly, it has been submitted that since no one from the category of orthopedic handicap, having lesser marks than the petitioner, has been selected, the petitioner has got no case.