BIHAR PUBLIC SERVICE COMMISSION Vs. SARVESH CHANDRA

JUDGEMENT

(1.) Feeling aggrieved by the judgment and order dated 7th March 2012, passed by the learned single Judge in C.W.J.C. No.8280 of 2007, the respondent Bihar Public Service Commission (hereinafter referred to as 'the Commission') has preferred this Appeal under Clause-X of the Letters Patent.

(2.) The matter at issue is the selection for appointment to various services under the State of Bihar pursuant to the 46th combined competitive examination conducted by the Commission. The respondent Nos.1 and 2, reserved category candidates, have approached this Court under Article 226 of the Constitution in above C.W.J.C. No.8280 of 2007 to challenge the select list prepared by the Commission and for a direction to the Commission to revise the select list and to include the writ petitioners in the select list in place of certain reserved category candidates who were earlier placed on the select list in general category, but they opted out of the general category to claim benefit of preference in allocation to a service.

(3.) It appears that pursuant to the 46th combined competitive examination, the Commission prepared a select list for filling in 103 posts in various services under the State of Bihar. Out of the 103 posts to be filled in, 50% of the posts were reserved for reserved category candidates. The rest 50% of the posts were required to be filled in by appointment of unreserved category candidates. As the prevalent law enjoins that those reserved category candidates who secure qualifying marks competible with the general category candidates, they should be included in the merit list of unreserved category candidates. In other words, such reserved category candidates are included in the general merit list for 50% of the posts. Quite a few reserved category candidates were successful in finding place in general merit list.