Patna High Court
Bablu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PARTHA SARTHY
Holding
The Court held that the petitioner’s failure to produce the mandatory Non‑Creamy Layer certificate justified the Commission’s decision to treat him as a general‑category candidate, and therefore the writ was dismissed.
Summary
The petitioner, belonging to the Lohar caste, applied for a driver post under the Bihar Staff Selection Commission's 2016 advertisement, claiming reservation as a Scheduled Tribe (ST) after his caste was moved from the MBC list. The advertisement required candidates from MBC/EBC categories to produce a Non‑Creamy Layer (NCL) certificate at counseling, which the petitioner failed to do. Consequently, the Commission treated him as a general‑category applicant and did not select him. The petitioner sought a writ of mandamus to be declared as qualified and to have the merit list revised in his favour, alleging violation of Articles 14 and 16. The Court examined the timing of the caste re‑classification, noting it occurred after the application deadline, and held that the petitioner was required to furnish the NCL certificate. Finding no error in the Commission's action, the Court dismissed the writ application.
Issues considered
- Whether the Commission was justified in treating the petitioner as a general‑category candidate despite his claim of ST/MBC status
- Whether the petitioner’s failure to produce the required Non‑Creamy Layer certificate barred him from reservation benefits
- Whether the denial of reservation to the petitioner violated Articles 14 and 16 of the Constitution
Subjects
- reservation
- Scheduled Tribe
- Most Backward Class
- Non‑Creamy Layer
- Article 14
- Article 16
- writ of mandamus
- recruitment
- Bihar Staff Selection Commission
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1668 of 2022
======================================================
Bablu Kumar Son of Arjun Mishtri Resident of Village- Maniyar Chak, P.S.-
Piri Bazar, Distict- Lakhisarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Director General of Police.
2. The Additional Chief Secretary, Home Department, Govt. of Bihar.
3. The Bihar Staff Selection Commission, Post Veterinary College, Patna,
through its Secretary.
4. The Chairman, Bihar Staff Selection Commission, Veterinary College,
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Respondent/s : Mr. Manish Kumar, GP-4
Mr. Manoj Kumar, AC to GP-4
For the B.S.S.C : Mr. Jitendra Kumar Rai, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 23-03-2026
Heard learned counsel for the parties.
2. The petitioner has filed the instant application for
the following relief (s) :-
“1. (i) Issuance of a writ in the nature of writ
of mandamus commanding the respondents
to declare the result of the petitioner as pass
or having qualified on merit in the
recruitment of drivers on vacant post under
the State Govt vide Advt. no. 13010116 dated
22.06.2016 as wrongly the respondents have
excluded the name of the petitioner from the
list of successful candidates, treating him to
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be a general class candidate whereas the
petitioner is a member of SC/ST category
and denial of benefit of reservation despite
having obtained 48 marks in the examination
which is substantially higher than the cutoff
marks of 41 marks on which other SC/ST
candidates have been selected is
discriminatory and violation Article 14 & 16
to the constitution of India.
(ii) Issuance of a writ again in the nature of
writ of mandamus whereby and whereunder
the respondents are issued a direction and
commanded to revise the merit list in
accordance with reservation policy and not
to treat the petitioner as a general class
candidate and extend to him the benefit of
SC/ST category to which the petitioner
belongs.
(iii) Issuance of any other writ/writs;
order/orders to give/grant relief/reliefs to
which the petitioner may be found entitled to
in the facts and circumstances of the case.”
3. The case of the petitioner in brief is that on the
respondent -Bihar Staff Selection Commission (hereinafter
referred to as ‘the Commission’) coming out with
Advertisement no.13010116 on 22.6.2016 for recruitment on
the vacant post of Drivers under the State Government, the
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petitioner who belongs to the Most Backward Class (MBC)
category applied for the same. The respondent -Commission
however treated the petitioner under the Unreserved category,
the petitioner was not selected and as such the instant writ
application for the prayer as stated herein above.
4. It is submitted by learned counsel appearing for
the petitioner that the petitioner belongs to the caste of Lohar
which was earlier under the MBC category. Referring to the
caste certificate dated 16.8.2016, it is submitted that the caste
Lohar was kept in Schedule-1 of MBC as also Schedule-2 of
BC at serial no.115. Learned counsel submits that on perusal
of the letter dated 5.9.2016 written by the Additional
Secretary, General Administration Department, Government
of Bihar, it would transpire that as on 8.8.2016, the caste
Lohar had been placed under the Schedule Tribe (ST)
category. As a result of the provisions mentioned therein,
those categories of castes which were already under the ST
category, their names were deleted from the Schedule-1
attached to the EBC/MBC category. Consequently, so far as
the petitioner’s caste of Lohar is concerned, this was also
deleted from serial no.115 of Schedule-1 of the EBC category.
Thereafter, the caste Lohar remains only under the Schedule
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Tribe (ST) category.
5. Learned counsel for the petitioner submits that
belonging to the Schedule Tribe category, at the time of
counseling, the petitioner could not have produced the Non-
Creamy Layer (NCL) certificate, which is only issued to the
persons belonging to the MBC/EBC categories. As such it is
submitted that the respondents be directed to treat the
petitioner under the Schedule Tribe (ST) category, consider
his application under the said category and publishing his
result, to appoint him on the post to which he is entitled.
6. The application is opposed by learned counsel
appearing for the respondent- Bihar Staff Selection
Commission. It is submitted that from the application filled by
the petitioner, a copy of which has been brought on record as
Annexure-2 to the writ application, the petitioner belonging to
the MBC category, as required by the instructions mentioned
in the advertisement, he was required to produce the Non-
Creamy Layer (NCL) certificate at the time of counseling. Not
having done so, the petitioner was considered under the
Unreserved category and not having succeeded on merit, he
was not selected.
7. Heard learned counsel for the parties and perused
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the material on record.
8. On perusal of the contents of writ application, it
transpires that the respondent-Commission came out with
advertisement for filling up the posts of Driver in the
Government of Bihar vide advertisement contained in
Annexure-1. The applications were to be filled up between
23.6.2016 and 22.7.2016. It is not in dispute that the petitioner
filled up his application before the cut-off date and stated his
category to be MBC (Most Backward Class). Though
subsequently, so far as the caste of the petitioner i.e., Lohar is
concerned, the same was removed from the list as contained in
Schedule-I of the MBC/EBC and it remained only under the
ST category, however there is no dispute with respect to the
fact that this was only with effect from 8.8.2016 i.e., much
after the last date of filling up of application in the instant case
which was 22.7.2016.
9. In view of the aforesaid facts, what is also not in
dispute is that the petitioner having applied under the MBC
category had to be considered by the respondent- Commission
under the said category.
10. On perusal of the terms of the advertisement as
contained in Annexure-1, it transpires that the persons
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belonging to the MBC/EBC categories had to produce a Non-
Creamy Layer (NCL) certificate issued by the competent
authority within one year at the time of counseling.
Admittedly, the petitioner did not produce the said certificate.
This resulted in the respondent- Commission considering the
application of the petitioner in the Unreserved/General
category and consequent to which the petitioner was not
finally selected.
11. In view of the facts and circumstances stated
herein above, the Court finds no error in the action of the
respondent- Commission and no merit in the instant writ
application.
12. The application is dismissed.
(Partha Sarthy, J)
Shiv/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 25.03.2026
Transmission Date
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