ANANT KUMAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Herd learned counsel for the petitioner, State and the Bihar Public Service Commission.

(2.) Mr. Devendra Kumar Sinha, learned senior counsel appearing on behalf of the petitioner submits that in terms of the notification dated 22nd April, 2015, Annexure-4 to the writ petition the petitioner's case ought to have been considered by the respondent-Bihar Public Service Commission, treating the petitioner as EBC category candidate as the caste to which the petitioner belongs has been included in the category of EBC vide notification dated 24.2015, Annexure-4 to the writ petition. The decision of the State Government was earlier to the date of interview and as such on the date of interview the petitioner was in the EBC category and as such the respondent Commission was required to consider the case of the petitioner in the EBC category for selection but it has treated the petitioner in BC category and as such the petitioner has not been granted fair treatment by the respondents in the selection process.

(3.) Mr. Sanjay Pandey, learned counsel for the Bihar Public Service Commission submits that the last date for submission of the application was initially 20th of November, 2014 but extended upto 05.1.2015. The eligibility is to be decided in the category of reservation as on 5.1.2015 and on the date of submission of the application, i.e. 5.1.2015 the petitioner was in the category of BC and as such he was entitled to be considered as BC category candidate and the Commission has rightly considered the case of the petitioner in the BC category.