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Patna High Court

Anjali SinhaversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The writ petition was disposed of as withdrawn, as the cancellation of the petitioner’s selection was deemed to be in compliance with the Supreme Court’s directives in the related civil appeals.

Summary

Anjali Sinha, selected under the Economically Weaker Section (EWS) women quota in the 32nd Bihar Judicial Service Competitive Examination, challenged the revision of the final result dated 10-12-2024 that cancelled her selection without notice. The petitioner argued that the cancellation was arbitrary, violated the horizontal reservation for women, and ignored the proper computation of EWS vacancies. The respondents, including the State of Bihar and the Bihar Public Service Commission, contended that the cancellation was mandated by the Supreme Court's order in Civil Appeal No. 6072/2023 and related cases, which required adjustment of vacancies to accommodate another candidate, Aditi. The petitioner’s reply highlighted inconsistencies in vacancy calculations and cited the Supreme Court’s rounding‑off principle in State of U.P. v. Pawan Kumar Tiwari. The Court noted that the cancellation stemmed from the Supreme Court’s directions and, after the petitioner sought to withdraw the writ, the petition was disposed of as withdrawn.

Issues considered

  • The legality of cancelling the petitioner’s selection under the EWS women quota without prior notice.
  • Whether the adjustment of vacancies to accommodate another candidate must be made from the 35% horizontal reservation for women.
  • Whether the Supreme Court’s orders in Civil Appeals No. 6072‑6074/2023 are binding on the Bihar Public Service Commission’s result.
  • The correct method of computing and rounding off reservation quotas under the EWS category.

Subjects

  • reservation
  • EWS quota
  • horizontal reservation
  • judicial service examination
  • writ petition
  • cancellation of result
  • administrative law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2614 of 2025
                 ======================================================
                 Anjali Sinha, Daughter of Sanjay Kumar, Resident of Sumitra Niwas, Harijan
                 School Ashok Nagar, Pokharia Ward No. 30, Police Station Begusarai, Post
                 Office Begusarai, District -Begusarai, State - Bihar, PIN Code-851101

                                                                   ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through Additional Chief Secretary, General
                 Administration Department, Govt. of Bihar, Patna.
           2.    Additional Chief Secretary, General Administration Department, Govt. of
                 Bihar, Patna.
           3.    Bihar Public Service Commission, 15, Nehru Path, Patna-800001 through
                 Secretary.
           4.    The Secretary, Bihar Public Service Commission, 15, Nehru Path, Patna.
           5.    The Examination Controller, Bihar Public Service Commission, Nehru Path,
                 Patna.
           6.    The Registrar General, The High Court of Judicature at Patna
           7.    Aditi Daughter of Late Sadanand Madhukar Resident of Khabra urf Kiratpur
                 Gurdas, Police Station - Khabra, District - Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Sanjeet Kumar, Advocate
                                                 Mr. Pranav Ranjan, Advocate
                 For BPSC                :       Mrs. Parul Prasad, Advocate
                                                 Mr. Aditya Anand, Advocate
                 For State               :       Mr. U.S.S. Singh, GP 19
                 ======================================================
                         CORAM: HONOURABLE THE CHIEF JUSTICE
                                               and
                           HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

                                (Per: HONOURABLE THE CHIEF JUSTICE)

3   21-01-2026                   The present writ petition has been filed by the

                   petitioner – Anjali Sinha seeking for the following prayers:-

                                               “(1) To issue appropriate writ for quashing
                                    of the order dated 10.12.2024 by which Respondent No.
                                    4 (Examination Controller, Bihar Public Service
                                    Commission, Patna), published a revised final result of
                                    32nd Bihar Judicial Service Competitive Examination
                                    under Advertisement No. 23/2023 dated 20.02.2023,
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                          issued for appointment on the post of Civil Judge (Junior
                          Division), under which the candidature of the petitioner
                          (Merit Serial No. 159, Roll No. 111718) selected under
                          Economically Weaker Section (EWS) quota has been
                          cancelled, without giving any notice to the petitioner,
                          and in her place respondent No. 6 has been appointed.
                                      (II) That the petitioner further prays for
                          direction upon the Bihar Public Service Commission, to
                          make recommendation of the name of the petitioner for
                          her appointment pursuant to the Advertisement No.
                          23/2023, for appointment on the post of Civil Judge
                          (Junior Division) in connection with 32nd Bihar Judicial
                          Service Competitive Examination.
                                      (III) To issue any other direction, order, rule,
                          and grant relief/reliefs to which this Hon'ble Court find
                          the petitioner fit and proper in the facts and
                          circumstances of the case.”


                      2. It is the case of the petitioner that pursuant to the

          Advertisement No. 23 of 2023, dated 20.02.2023 issued by the

          Bihar Public Service Commission (hereinafter referred to as the

          ‘BPSC’), the petitioner herein had applied for appointment to

          the post of Civil Judge (Junior Division) under 32nd Bihar

          Judicial     Service       Competitive         Examination      under      the

          Economically Weaker Section (Women) category. The petitioner

          was then allowed to appear in the preliminary test and she

          qualified the said Preliminary Examination, thereafter she

          appeared in the Mains Examinations and Viva-Voce test and

          ultimately, on 28.11.2024, the BPSC published the final result
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          and she was declared qualified for appointment to the post of

          Civil Judge (Junior Divison). The name of the petitioner

          appeared at Serial No. 15 of the EWS category. It is stated that

          petitioner has been selected against the post reserved in the

          EWS category for female category post under 35 % horizontal

          reservation for women. Further, it is stated that respondent No. 4

          on 10.12.2024 issued revised final result and cancelled the

          candidature of the petitioner, hence by way of filing the present

          writ petition, the petitioner has raised her grievance with regard

          to the revised final result by which she has been ousted from the

          merit position.

                      3. The counter affidavit has been filed on behalf of the

          respondent Nos. 1 and 2, wherein in paragraph Nos. 10 to 17 it

          is stated as follows:

                                      “10) That in this context it is relevant to state
                          here that in the B.P.S.C declared the final result of 31st
                          Judicial Service Competitive Examination on 14.11.2022.
                          In the said result total 214 candidates were declared
                          successful and 23 candidates were declared successful
                          under E.W.S. category including 07 females.
                                      11) That 5 candidates who were allowed to
                          participate in the interview in 31st Bihar Judicial Service
                          Competitive Examination were cancelled owing to
                          various reasons out of which the candidature of one
                          candidate namely Aditi, respondent No. 07, Roll No.
                          100111 was cancelled on the ground of acquiring the
                          degree of LL.B after the date of making application.
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                                       12) That the Respondent No. 07 being
                          aggrieved from cancellation of candidature preferred
                          Civil Appeal bearing Civil Appeal No. 6074/2023.
                                       13) That as per order dated 22.09.2023
                          passed in Civil Appeal No. 6074/2023 and analogous
                          cases the appointment of Respondent No. 07 was made
                          against EWS women category.
                                       14) That as consequence of appointment of
                          the Respondent No. 07 under 32nd Bihar Judicial Service
                          the B.P.S.C published result of 3 EWS women category in
                          place of 4 post.
                                       15) That it is relevant to state here that the
                          B.P.S.C erred in publishing result of 4 EWS women
                          category in place of 3 EWS Women category.
                                       16)      That,      however      the      General
                          Administration Department, Govt, of Bihar vide letter
                          No. 19621 dated 06.12.2024 reminded the B.P.S.C to
                          keep one post reserved pursuant to order passed in Civil
                          Appeal No. 6072/2023 and SLP (C) Diary No.
                          47769/2023 and in compliance of the letter No. 91908-09
                          dated 30.11.2024 issued under the signature Hon'ble
                          High Court and accordingly the result was revised by the
                          B.P.S.C. Thus the present petitioner as well as an another
                          candidate were excluded from the select list for
                          appointment as Civil Judge (Junior Division).
                                       17) That since the candidature of the
                          petitioner   for    32nd      Judicial   Service    competitive
                          Examination has been cancelled in compliance of the
                          order dated 22.09.2023 passed in Civil Appeal No.
                          6072/2023 with Civil Appeal No. 6073/2023 and
                          6074/2023 and hence the instant writ application has got
                          no merit and thus the same is fit to be dismissed by this
                          Hon'ble Court.”


                      4. The petitioner has filed reply to such counter
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          affidavit filed by the respondent Nos. 1 and 2, wherein in

          paragraph Nos. 5, 6, 9, 10 and 11, it is stated as follows:

                                      “5. That it is stated that in so far as the denial
                          of a fact can only be in express terms and is further
                          required to be clear, categorical and unequivocal, the
                          following facts have been evidently admitted by the
                          answering respondents:
                                      I. There is no dispute regarding the eligibility,
                          qualification or merit of the petitioner since she had
                          demonstrably obtained more marks than the cut-off for
                          her respective category.
                                      II. There is no objective or equitable ground
                          to cancel the selection of the petitioner.
                                      III. There were indeed discrepancies in the
                          vacancies earmarked for EWS (Women) candidates in the
                          Advertisement No. 23/2023 dated 20.02.2023.
                                      IV. The petitioner was given no notice before
                          cancelling her selection vide the impugned revised final
                          result dated 10.12.2024.
                                      6. That it is stated that from a perusal of the
                          counter affidavit, it is also not evident as to why:
                                      I. The total vacancies earmarked for EWS
                          (Women) candidates was shown as 4 in the Advertisement
                          No. 23/2023 dated 20.02.2023 even though the 35% of 15
                          comes to a total of 5.25.
                                      II. The revised final no. of vacancies in favour
                          of EWS (Women) candidates was taken as 4 even though
                          the 35% of 14 comes to 4.9 and according to the normal
                          logic of rounding off it should be treated as 5 especially
                          when treating it as five does not exceed the permissible
                          reservation limit. This rule has also found favour with the
                          Hon'ble Apex Court in the case of State of U.P. v. Pawan
                          Kumar Tiwari, (2005) 2 SCC 10 where it was held as
                          follows:
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                                      "The rule of rounding off based on logic and
                          common sense is: if part is one-half or more, its value
                          shall be increased to one and if part is less than half then
                          its value shall be ignored. 46.50 should have been
                          rounded off to 47 and not to 46 as has been done. If 47
                          candidates would have been considered for selection in
                          general category, the respondent was sure to find a place
                          in the list of selected meritorious candidates and hence
                          entitled to appointment."
                                      The    Respondent        No.   7   could    not   be
                          accommodated       against     the     earmarked       vacancies
                          available under the 31 Bihar Judicial Service Competitive
                          Examination instead of borrowing a post from the 32nd
                          Bihar Judicial Service Competitive Examination. It is
                          relevant to point out here that from the reply to an RTI
                          application contained in Letter No. 19286 dated
                          03.03.2025 issued under the signature of the Authorized
                          Person: J.R. (J)-cum-P.I.O., Patna High Court, it has
                          become clear that a total of 23 posts were advertised
                          under the EWS category out of which 7 were reserved for
                          females which evidently is an anomaly since the 35% of
                          23 is 8.05 meaning there was room for accommodating
                          one more qualified and meritorious candidate had the
                          vacancies been properly computed. It is pertinent to note
                          here that had directed the Respondents in Civil Appeal
                          No. 6072 of 2023, namely the State of Bihar and Ors. to
                          "to adjust one vacancy of EWS for the same examination
                          or from the next examination and extend similar benefits
                          to Aditi, in view of the ratio of Aarav Jain". It is thus clear
                          that it was open to the Respondents to accommodate
                          Respondent No. 7 in terms of the vacancies under the 31st
                          Bihar Judicial Bihar Judicial Service Competitive
                          Examination.
                                      9. That it is stated that in response to the
                          statements made in paragraph No. 13 to 15 of the counter
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                          affidavit, it is submitted that in terms of the letter issued
                          under the signature of the Joint Secretary, General
                          Administration Department, Government of Bihar and
                          addressed to the Respondent Secretary, BPSC contained
                          in Memo No. 21568 dated 23.11.2023, requisite
                          adjustments were required to be carried out in terms of
                          judicial orders and consequently, as against a total of 15,
                          14 vacancies were proposed under the EWS Category
                          (Category Code No. - 07). However, the letter was silent
                          regarding the manner of the adjustment and nowhere in
                          the said letter, it was either stated or implied that in order
                          to make room for Respondent No. 7, the available
                          vacancies under the EWS (Women) category had to be
                          reduced. Hence, the impugned revised final result dated
                          10.12.2024 whereby only 3 women candidates were
                          declared successful under the EWS (Women) category and
                          the petitioner was pushed out of the selection zone
                          apparently to make room for the Respondent No. 7 does
                          not square with even the recommendations of the General
                          Administration Department, Government of Bihar. This
                          letter was supplied to the petitioner by the General
                          Administration Department, Government of Bihar, along
                          with letter contained in Memo No. 2675 dated
                          13.02.2025.
                                      10. That it is stated that in view of the
                          clarification it is submitted there was no legal infirmity in
                          the result dated 28.11.2024 published by the B.P.S.C.
                          whereby 4 EWS (Women) candidates including the
                          petitioner were declared as successful. It is submitted here
                          that in the absence of a specific direction to this effect by
                          the Hon'ble Apex Court, it cannot be stated with certainty
                          that the Respondent No. 7 was required to be
                          accommodated against the 35% quota reserved for EWS
                          (Women) candidates. Thus, there was no apparent reason
                          to reduce the total number of seats reserved horizontally
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                          in favour of women candidates and drive the petitioner
                          out of zone of selection when the same result could have
                          been achieved by reserving one seat from the vacancies
                          not falling within the 35% quota. It is therefore submitted
                          that the targeted deduction of a seat from the 35% seats
                          reserved horizontally in favour of EWS (Women)
                          candidates which comes to a total of 4 was unfair and
                          arbitrary.
                                       11. That it is stated that in response to the
                          statement made in paragraph No. 16 of the counter
                          affidavit whereby the exclusion of the petitioner from the
                          zone of selection is sought to be justified with reference to
                          the reminder issued by the General Administration
                          Department and the letter of this Hon'ble High Court, it is
                          stated that the same is entirely misconceived. It is further
                          stated and submitted that:
                                       I. Though the letter no. 19621 dated
                          06.12.2024     reportedly      issued   by   the    General
                          Administration Department, Government of Bihar is not
                          available on record, it is safe to assume that the reminder
                          to keep one post vacant was only to ensure compliance
                          with the orders passed in Civil Appeal No. 6072/2023 and
                          its analogous cases SLP (Civil) Diary No. 47769/2023
                          passed by Hon'ble Apex Court. The requisite adjustment
                          pursuant to the order passed in Civil Appeal No.
                          6072/2023 and its analogous cases was not specifically
                          required to be made from the 35% quota reserved
                          horizontally in favour of women candidates.
                                       II. There was nothing in the order dated
                          30.11.2024 issued under the signature of the Registrar
                          General, Patna High Court that required any changing
                          with the total vacancies available under the EWS
                          Category (Category Code - 07) and much less under the
                          EWS (Women) Category.”
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                      5. After going through the counter affidavit filed by

          the respondent Nos.1 and 2, it becomes clear that on account of

          passing of the order dated 22.09.2023 in Civil Appeal No. 6072

          of 2023 with Civil Appeal No. 6073 of 2023 and Civil Appeal

          No. 6074 of 2023, the candidature of the petitioner for 32 nd

          Judicial Service Competition Examination has been cancelled.

                      6. The learned counsel appearing for the respondent

          No.6 as also learned counsel appearing for the respondent –

          Bihar Public Service Commission along with the State of Bihar

          submit that when the matter was adjudicated by the Hon’ble

          Supreme Court, at that point of time the result was not published

          and the Hon’ble Supreme Court was not aware that the

          petitioner has been selected and therefore, the learned counsel

          for the respondent submits that since the petitioner has been

          affected by the order of the Hon’ble Supreme Court, she should

          file review petition before the Hon’ble Supreme Court against

          the order passed.

                      7. At this juncture, it is relevant to quote paragraph

          No. 25 of the judgment of the Hon’ble Supreme Court dated

          22.09.2023 passed in Civil Appeal No. 6072 of 2023 (Arising

          out of S.L.P. (C) No. 9964 of 2022) and its analogous cases,

          which reads as under :

                                      “25. Reverting to the case of appellant Aditi,
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                                    which is related to the 31 Examination, as per the
                                    affidavit submitted by the Registrar General, it is
                                    apparent that out of 221 vacancies advertised, only 214
                                    candidates were recommended for appointment and
                                    seven vacancies have been carried forward to the 32nd
                                    Examination. Thus, there are vacancies, which are yet to
                                    be filled up for the 32nd Examination. The process of
                                    selection is not yet complete. Learned counsel appearing
                                    on behalf of the State of Bihar and BPSC, in the peculiar
                                    facts of the case, have fairly stated that because of the
                                    directions issued by this Court in the case of Aarav Jain
                                    (supra), the other candidates who secured more marks
                                    than the cut-off in the merit of the respective categories,
                                    can be accommodated. However, upon issuance of
                                    directions by this Court, the State Government is ready to
                                    accommodate all the three candidates (namely Sweety
                                    Kumari, Vikramaditya Mishra and Aditi) who have also
                                    secured more marks than cut-off for their respective
                                    categories.”


                                8. In view of the aforesaid, the learned counsel for the

                    petitioner seeks permission to withdraw the present writ petition

                    to seek appropriate remedy, in accordance with law.

                                9. Accordingly, writ petition stands disposed of as

                    withdrawn.



                                                         (Sangam Kumar Sahoo, CJ)


                                                            (Mohit Kumar Shah, J)
GAURAV S./-
U


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