PANKAJ KUMAR Vs. STATE OF BIHAR
LAWS(PAT)-2021-1-14
HIGH COURT OF PATNA
Decided on January 04,2021

PANKAJ KUMAR Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

Chakradhari Sharan Singh,J. - (1.) Whether the respondent Bihar Public Service Commission was justified in considering petitioner's candidature against an open (unreserved) vacancy of the post of Lecturer in the subject of Arts and craft for various Training College in the State of Bihar and thus denying him the benefit of reservation available for Extremely Backward Class, in the facts and circumstances of the present case, is the only question which the present writ application involves.
(2.) The petitioner claims that he belongs to Lohar community, which was recognized as Extremely Backward Class (EBC). The Bihar Public Service Commission (BPSC) came out with an advertisement No. 04/2016 in May, 2016 inviting applications for selection for appointment to the post of Lecturers in the subject of Arts and Craft in various Government Training Colleges. A total number of 26 vacancies were advertised. Five out of 26 vacancies were reserved for EBC category. Clause 7 of the advertisement related to reservation in the matter of selection process in question. Clause 7(ii)(B) of the advertisement clearly mentioned that candidates claiming reservation against the Backward Class category and EBC category shall have to essentially submit following documents, namely : - (a) Caste Certificate; (b) Non-creamy Layer Certificate; and (c) Domicile Certificate.
(3.) It further mentioned that original certificates for claiming reservation in the matter of selection must be produced at the time of interview, else the benefit of reservation shall not be admissible. 6th June, 2016 was the last date for submission of application forms.;


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