Petitioner challenging respondent BPSC not considering his case for EBC vacancy despite his caste now being EBC. Court held it was not a fit case to exercise discretion, directing petitioner to approach BPSC.
Petitioner directed to approach BPSC; discretion not exercised.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19138 of 2019
======================================================
Ajay Kumar Chaurasiya S/o Shivjee Prasad Chaurasiya Resident of Village Daleya, P.O. Amwa, Nakchhed, P.S. Kuchaikote, Dist.Gopalganj
... ... Petitioner/s
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Uday Pratap Singh, Advocate For the State : Mr.Madhaw Prasad Yadav ( Gp23 ) For BPSC : Mr. P.N. Shahi, Sr. Advocate Mr. Ratnesh Kumar Singh. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
respondents.
The grievance of the petitioner in the present writ petition is notwithstanding availability of vacancy in the EBC category, the respondent-BPSC is not considering the case of the petitioner, who had applied for BC category now his caste is in EBC category.
The Court does not find it a fit case to exercise
Patna High Court CWJC No.19138 of 2019(2) dt.17-09-2019 2/2
discretion in favour of the petitioner. However, the petitioner may approach the BPSC which may consider his case like other candidates against the vacancy of EBC category, if law otherwise permits.
With the aforesaid, the writ petition stands disposed
of.
(Anil Kumar Upadhyay, J)
spandey/-
U
2 issues framed by the court
Whether this Court is a fit case to exercise discretion for the petitioner despite availability of vacancies in the EBC category despite his caste being in EBC category
Whether a writ petition stands disposed allowing approach to BPSC
Ajay Kumar Chaurasiya
State of Bihar through the Chief Secretary
Principal Secretary, Department of Education
Chairman Bihar Public Service Commission
Bihar Public Service Commission
Section Officer Cum Public Information Officer, Bihar Public Service Commission
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
