Writ filed alleging the Bihar Staff Selection Commission juggled the petitioner's caste category affecting his appointment. Court held selection was based on original caste declaration; writ dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11056 of 2013
====================================================== Sanjay Kumar S/O Shri Mohan Lal Vishkarma, Resident of Mohalla - Nisarpura (Lock), P.O. - Amarpura, P.S. - Naubatpur, Sub-Division - Danapur, District – Patna .... .... Petitioner/s Versus 1. The State of Bihar, through the Principal Secretary, Transport Department, Government of Bihar, Patna. 2. The Principal Secretary-cum-Commissioner, Transport Department, Government of Bihar, Patna. 3. The Additional Secretary, Transport Department, Government of Bihar, Patna. 4. The Additional Transport Commissioner, Transport Department, Government of Bihar, Patna. 5. The Deputy Transport Commissioner, Transport Department, Government of Bihar, Patna. 6. The Under Secretary, Transport Department, Government of Bihar, Patna. 7. The Bihar Staff Selection Commission, Veterinary College, Patna - 800014 through its Secretary. 8. The Chairman, the Bihar Staff Selection Commission, Veterinary College, Patna – 800014. 9. The Secretary, the Bihar Staff Selection Commission, Veterinary College, Patna – 800014. .... .... Respondent/s ====================================================== Appearance: For the Petitioner/s : Mr. Binod Kumar Singh For the Respondent/s : Mr. Prabhat Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER
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writ application is that confusion has been created by the Commission by inviting applications for correction in the category or the caste of the candidates, who had initially filled in their application in terms of Advertisement No.1004.
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Recommendations have been made in the various categories. Counsel representing the petitioner submits that after the change of caste was made by the petitioner on a notice and invitation given by the Commission, he was considered as MBC all along and when it came to making the final recommendation for appointment, mischievously, may be with ulterior motive, he was shown in the category of BC, which he had initially indicated in the first application.
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“4. That, it is humbly submitted and categorically stated that the entire selection process was conducted, merit list was prepared and finally recommended on the basis of original application and declaration of caste category made by the candidates. That, it is pertinent to mention here that the subsequent change, which were sought by the Commission through notices was never acted upon so far as caste categories are concerned. In other words, the caste category which was claimed by the candidates at the time of submission of application i.e. before the cut off date of submission of application was the basis for selection of the candidates.
5. That, it is humbly submitted and stated that the candidature of the applicants was considered in accordance with the caste categorization as existing on the date of Advertisement and declaration made by the candidates at the time of submission of original form i.e. before cut off date.” (emphasis mine)
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marks, the merit position and the recommendations which have been made under various categories.
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on the basis of merit position of the candidates and recommendations thereafter have been made on the basis of caste and cut off marks of such category of people, on the basis of vacancy and merit position.
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(Ajay Kumar Tripathi, J)
R.K.Pathak/-
1 issue framed by the court
Whether the petitioner was considered under Most Backward Class instead of Backward Class during the selection process.
Sanjay Kumar
The State of Bihar
Bihar Staff Selection Commission
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
