CHANDRASHEKHAR AZAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD both the parties.

(2.) THE members of the present Commission conducted the 46th Combined Competitive Examination. They were not associated with the Commission when the 42nd to 45th Combined Competitive Examinations were conducted by the Commission. The writ petitioner is a candidate of the 45th Combined Competitive Examination. In the writ petition, the petitioner contended that in accordance with his position in the merit list, he ought to have had been recommended but instead of recommending the petitioner, B.P.S.C. recommended a person, who had not been selected or who was much below in the merit list for being appointed.

(3.) IN the latest affidavit, filed by the Commission, the Commission has indicated that its Chairman and majority of the members have decided to change the system, as was adopted by the Commission for the 42nd to 45th Combined Competitive Examination. The change that would be effected has been summarised in Annexure -B to the affidavit of Sri Sharad Chandra Jha affirmed on 7th February, 2007 and filed in this Court on 13th February, 2007. Court feels that the decision, as has been taken in Annexure -B to the said affidavit, is a correct decision, which would ensure maintenance of the reservation policy of the State Government. In that, it has been provided that a reserve category candidate if on the basis of his merit is recommended for an open category posts he shall be tested as an open category candidate for the purpose of making the recommendation and he would be appointed to the post available for that open category candidate. He would not eat up the reserved post. It must be kept in mind that by reason of Article 14. of the Constitution of India, every candidate appearing in such Competitive Examination is entitled to the benefits of his merit. The reservation policy comes later. Therefore, question of adjusting a meritorious reserved candidate for reserved category post would not arise. By reason of Article 14 of the Constitution of India, he is entitled to be acknowledged on the basis of his merit.