Patna High Court
Jaya JagritiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PARTHA SARTHY
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
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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
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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
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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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