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Patna High Court

Jaya JagritiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that the 2015 resolution was prospective and the petitioner must be considered under the Backward (BC) category, directing the BPSC to modify the result accordingly.

Summary

The petitioner, a member of the Barai caste, applied for the Agricultural Service Class‑I post under the Backward Mahila (BC) category in BPSC Advertisement No. 86 of 2014. Although she submitted a caste certificate, the BPSC treated her as a General category candidate because her Non‑Creamy Layer certificate, produced at the interview, reflected the Barai caste’s later re‑classification as Extremely Backward (EBC) under a 2015 notification. The petitioner challenged this, arguing that the re‑classification was prospective and could not affect applications filed before the notification. The Court examined prior judgments (Anant Kumar Sharma v. State of Bihar) and held that the 2015 resolution was prospective, so the petitioner should have been considered under the BC category. Consequently, the Court ordered the BPSC to rectify the result and appoint the petitioner as a successful candidate within three months. The writ petition was allowed.

Issues considered

  • Whether the Bihar Public Service Commission erred in treating the petitioner as a General category candidate despite her Barai caste being classified as Backward at the time of application.
  • Whether the 2015 government resolution re‑classifying Barai caste as Extremely Backward has retrospective effect on applications filed before its issuance.

Subjects

  • Reservation
  • Backward Class
  • Extremely Backward Class
  • Non‑Creamy Layer Certificate
  • Bihar Public Service Commission
  • Writ of Certiorari
  • Writ of Mandamus
  • Prospective Legislation
  • Category Re‑classification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.1832 of 2022
                 ======================================================
                 Jaya Jagriti D/o Sri Jai Prakash Chaurasia, W/o Shri Chandan Kumar, resident
                 of Village - Rampur P.O. and P.S. Jamalpur, District - Munger. 811214, at
                 present resident of Q.No. D.1/15. Radio Colony Kings way Camp, G.T.B.
                 Nagar West Delhi. 110009.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary Bihar, Patna.
           2.    The Bihar Public Service Commission, Patna through its Chairman, Bihar,
                 Patna.
           3.    The Chairman, Bihar Public Service Commission, 15 Jawahar Lal Nehru
                 Marg (Bailey Road) Patna Bihar- 800001.
           4.    The Secretary, Bihar Public Service Commission, Bihar Patna, 15, Jawahar
                 Lal Nehru Marg (Bailey Road) Patna . 800001.
           5.    The Joint Secretary-cum-Examination Controller, Bihar Public Service
                 Commission, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abdul Manan Khan, Advocate
                                                 Mr. Binay Kumar, Advocate
                 For the Respondent/s     :      Mr. Rajni Kant Jha, Advocate
                                                 Mr. Manish Kumar, GP 4
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

6   10.03.2026              1. Heard learned counsel for the petitioner and learned

                   counsel for the respondents.

                            2. The petitioner has filed the instant application for the

                   following relief:

                                        “(i) For issuance of a writ of certiorari or any
                                        other appropriate writ order or direction for
                                        quashing the result of Bihar Public Service
                                        Commission in respect of Assistant Director
                                        (Agricultural Service Class-I), published by the
                                        Bihar Public Service Commission on 24.12.2021
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                             in which the petitioner has been put in general
                             category and has been declared fail.
                                                  Photo copy of the result sheet is
                                                  annexed        and       marked        as
                                                  Annexure-1         to      this      writ
                                                  application.
                             (ii) For issuance of appropriate writ, order or
                             direction commanding the respondents authority
                             to modify/rectify the result in question by
                             declared the petitioner as successful candidate
                             in    the    Backward          Mahila        category      and
                             accordingly she may be appointed in the
                             Agriculture             Class           1st            Service.
                             (iii) For issuance of a writ of mandamus or any
                             or direction other appropriate writ order,
                             restraining the respondents authorities from
                             filling up the vacancy on the post of Agriculture
                             Services Class-I on the basis of erroneous result
                             published       by     the     Bihar      Public       Service
                             Commission.
                             (iv) For any other relief/reliefs for which the
                             petitioner is found to be entitled under the
                             provision of law involved in the present case.
                  3. The case of the petitioner in brief is that on the

          respondent Bihar Public Service Commission (‘BPSC’ in short)

          coming out with Advertisement no. 86 of 2014, the petitioner

          having requisite qualification applied for appointment on

          Agricultural Service Class-1 post in the Backward Mahila
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          category.

                  4. Learned counsel for the petitioner referring to the caste

          certificate of the petitioner brought on record as Annexure-3 to

          the writ application submits that it is not in dispute that the

          petitioner belongs to Barai caste which was under the Backward

          Class category. The petitioner submitted the caste certificate in

          original on the date of the interview, however, was surprised that

          the petitioner was considered in the General Category and the

          petitioner was not selected. Referring to the order of the BPSC

          brought on record as Annexure-1 to the writ application, it was

          submitted that though the petitioner had produced the caste

          certificate, the petitioner did not produce the certificate to the

          effect that she did not belong to the creamy layer ie she did not

          produce the Non-Creamy Layer Certificate. Learned counsel for

          the petitioner in reference to the statement made in paragraph

          no. 14 of the counter affidavit submits that the respondents have

          admitted therein that at the time of interview the petitioner

          submitted the Non-Creamy Layer Certificate for verification,

          wherein the category was mentioned as EBC and thus the

          petitioner was considered in the unreserved category.

                  5. Learned counsel for the petitioner relies on the order

          dated 15.3.2018 passed by this Court in CWJC no. 5191 of 2017
Patna High Court CWJC No.1832 of 2022(6) dt.10.03.2026
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          (Anant Kumar Sharma vs. State of Bihar) as also the order dated

          24.7.2019 passed in LPA no. 851 of 2018 (Anant Kumar Sharma

          vs. State of Bihar). In reference to the said two orders, it is

          submitted that the caste to which the petitioner belongs ie Barai

          caste was earlier in the BC category. However, vide Notification

          dated 22.4.2015 of the respondents, the same was included in

          the EBC Category. It is thus submitted that taking into

          consideration the fact that on the last date of filing of

          application, the caste of the petitioner was in the BC category

          and not the EBC category, the decision of the Bihar Public

          Service Commission therein to treat the petitioner therein in the

          BC category, as decided by learned Single Judge was upheld in

          the appeal.

                  6. It is thus submitted by learned counsel for the

          petitioner that similarly, the petitioner herein should also be

          treated in the BC category and the respondents be directed to

          take out the result of the selection as against Advertisement no.

          86 of 2014, treating the petitioner to be under the BC category,

          make suitable recommendation and the respondents be directed

          to appoint the petitioner on Agricultural Class- I service.

                      7. The application is opposed by learned counsel for

          the respondent.
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                      8. It is submitted by learned counsel for the

          respondent BPSC that the petitioner had filled up her

          application against Advertisement no. 86 of 2014 showing

          herself to be belonging to the BC category. The Commission

          conducted the written examination on 3.4.2018 and 4.4.2018.

          On a combined merit list having been prepared on the basis of

          the marks obtained in the written examination, the petitioner

          was called for interview. It is submitted that in the interview,

          though the petitioner produced her Non-Creamy Layer

          Certificate, against the petitioner having filled up her

          application under the BC category, the Non-Creamy Layer

          Certificate submitted by the petitioner showed her belonging to

          the EBC category. It was as a result of this indiscrepancy that

          the application of the petitioner was considered under the Un-

          Reserved category and she was finally not selected. It is

          submitted that sound reasons have been given in the order

          brought on record as Annexure-1 to the writ application. There

          is no merit in the instant application and the same be dismissed.

                      9. Heard learned counsel for the parties and perused

          the material on record.

                      10. The relevant facts not in dispute are that the

          respondent BPSC having come out with Advertisement no. 86
Patna High Court CWJC No.1832 of 2022(6) dt.10.03.2026
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          of 2014 for appointment of Agricultural Service Class 1 post,

          the petitioner who belongs to the Barai caste which was under

          the BC category at the relevant time, submitted her application

          for being considered in the BC category.

                      11. It may be observed here that from the contents of

          the order dated 15.3.2018 passed in CWJC no. 5191 of 2017, it

          would transpire that Barai caste was included in the list of EBC

          Category vide notification dated 22.4.2015. It is for this reason

          that on being called for interview in the year 2021, the Non-

          Creamy Layer Certificate produced by the petitioner though

          showing her to be belonging to the Barai caste under which she

          had also filed her application, now showed her belonging to the

          EBC category in view of the subsequent change in the category

          of the caste as a result of the above mentioned notification.

                      12. In the opinion of the Court, the respondent BPSC

          committed an error in not treating the petitioner under the BC

          category under which category the Barai caste fell till the last

          date of application for Advertisement no. 86 of 2014.

                      13. At this stage, it would be relevant to reproduce the

          relevant portion of the order dated 24.7.2019 passed in LPA no.

          581 of 2018 wherein the Court hearing the appeal was

          considering the contents of the resolution dated 22.4.2015
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          whereby the Barai caste was moved by the respondents from

          BC category to the EBC category.

                                          “We have perused the documents and
                             we find that the resolution of the Government
                             dated 22nd April, 2015 categorically recites that
                             the said resolution will take effect immediately
                             (यह आदे श तु रं त प्रभावी होगा). This recital,
                             therefore, clearly makes the said declaration
                             prospective       and       it   cannot   be   applied
                             retrospectively. Admittedly, the appellant on the
                             last date for filling up of the application form
                             belonged to the backward category and not to
                             the extremely backward category.”
                      14. In view of the facts and circumstances stated

          herein above, there being no dispute with respect to the fact that

          the last date of application in the instant Advertisement no. 86 of

          2014 being 22.12.2014, the petitioner belonging to the Barai

          caste which was under the BC category in the said period and

          the resolution dated 22.4.2015 moving Barai caste from BC

          category to EBC category having come after the last date of

          filing of application in the instant advertisement, the

          respondents BPSC should have considered the case of the

          petitioner in the BC category and not in the Un-Reserved

          category.

                      15. Accordingly, the writ application is allowed with a
          Patna High Court CWJC No.1832 of 2022(6) dt.10.03.2026
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                    direction to the Bihar Public Service Commission to consider

                    the application of the petitioner in the BC category and

                    accordingly, taking into consideration the same to publish the

                    result of the petitioner against her application in Advertisement

                    no. 86 of 2014 within a period of 3 months from the date of

                    receipt/production of a copy of this order.

                                16. The writ application stands allowed.



                                                (Partha Sarthy, J)
Bibhash

U


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