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Patna High Court

Prakash KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that non‑resident disabled candidates may be placed in the open category and counted against the horizontal reservation, as the governing resolution permits merit‑based selection irrespective of domicile.

Summary

A batch of disabled‑quota candidates domiciled in Bihar applied for teacher posts under Advertisement No. 22/2024 and were denied the 4 % horizontal reservation, which was instead granted to similarly disabled candidates from outside Bihar. The petitioners sought a writ to quash the result and to compel the Bihar Public Service Commission (BPSC) to award the reservation only to Bihar residents, relying on the Bihar Reservation Act, 2003 and various government resolutions. The State and BPSC contended that the non‑resident disabled candidates were placed in the unreserved category, consistent with Resolution No. 962 (22‑01‑2021) issued under the Rights of Persons with Disabilities Act, 2016. The Court examined Supreme Court precedents on horizontal reservation and the principle that merit‑based selection in the open category cannot be barred by reservation quotas. It held that the resolution expressly permits disabled candidates, irrespective of domicile, to compete for the open category and be counted against the horizontal reservation if they meet the merit cut‑off, and that domicile is a condition only for reservation benefits, not for open‑category selection. Consequently, the petition was dismissed.

Issues considered

  • The applicability of Bihar’s domicile‑based reservation rule to disabled candidates under horizontal reservation.
  • Whether non‑resident disabled candidates can be allotted seats under the 4 % horizontal reservation for teachers.
  • Interpretation of Resolution No. 962 (22‑01‑2021) and the Rights of Persons with Disabilities Act, 2016 in the context of the Bihar Reservation Act, 2003.

Legislation cited

Subjects

  • horizontal reservation
  • disabled quota
  • domicile requirement
  • Bihar Public Service Commission
  • Rights of Persons with Disabilities Act
  • Bihar Reservation Act
  • open category merit
  • government resolution

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6378 of 2025
     ======================================================
1.    Prakash Kumar S/O- Niwas Pandit, Resident of Village- Khirnia, P.O.-
      Balha Bazar, P.S.- Mansi, District- Khagaria.
2.   Dharmendra Kumar Dhiraj S/O- Lakshmi Narayan Singh Resident of
     Village- Neyamatpur Tola Banwariganj, P.O.- Patharktti, P.S.- Sarbahda,
     District- Gaya.
3.   Sanjeev Kumar, S/O- Shambhu Yadav Resident of Village- Shivnagar Parria
     Ward no-2, P.O.- Rampatti, P.S.- Kumarkhand, District- Madhepura.
4.   Om Prakash Pandey S/O- Bhola Nath Pandey Resident of Village and P.O.-
     Bihta, P.S.- Bihta, District- Patna.
5.   Srikanti Kumari, D/O- Bhaiyaram Singh Resident of Village-P.O.- Kelar,
     P.S.- Kelar, District- Arwal.
6.   Preeti Kumari D/O- Kishor Kumar Resident of Village- Matadih Chowk,
     P.O.- Jamalpur, P.S.- Dharahara, District- Munger.
7.   Arvind Kumar S/O- Bhupendra Yadav Resident of Village- Bancholaha,
     P.O.- Khajuri, P.S.- Sourbazar, District- Saharsa.
8.   Tripti Kumari D/O- Subhash Chandra Sah, Resident of Village- Arya Nagar
     Hat, P.O.- Kasba, P.S.- Kasba, District- Purnea.
9.   Ravi Prakash Pandey S/O- Satya Narayan Pandey, Resident of Village-P.O.-
     Banuchhapar, P.S.- Banuchhapar, District- West Champaran.
10. Suman Kumar S/O- Shyam Sundar P.O.tdar, Resident of Village- Station
    Road, Gudri Bazar, P.O.- Kasba, P.S.- Kasba, District- Purnia.
11. Md Wahabuddin S/O- Md Bashiruddin Resident of Village- Dadhi Badhi,
    P.O.- Baniyarpur, P.S.- Baniyarpur, District- Saran.
12. Sushant Kumar S/O- Arun Kumar Chaudhary Resident of Village-P.O.-
    Bijhrauli, P.S.- Tisiauta, District- Vaishali.
13. Mukund Madhav, S/O- Shakti Nandan Kumar Resident of Village-
    Shambhunathpur Dholi, P.O.- T.C.A Dholi, P.S.-Sakra, District-
    Muzaffarpur.
14. Manish Kumar S/O- Anil Ray Resident of Village- Mattunaroi, P.O.- Sanha,
    P.S.- Sahebpur Kamal, District- Begusarai.
15. Chintu Kumar Paswan S/O- Bangali Paswan Resident of Village- Tikuli,
    P.O.-Chakand, P.S.- Belaganj, District- Gaya.
16. Deepak Kumar S/O- Shiv Shankar Singh Resident of Village- Purani Shahar
    Barbigha, P.O.- Barbigha, P.S.- Barbigha, District- Sheikhpura.
17. Deepak Kumar S/O- Satyendra Prasad Resident of Village-P.O.- Aima
    Chauki, P.S.- Khizersarai, District- Gaya.
18. Sudhanshu Raj, S/O-Kishori Mohan Prasad Address - Vill and P.O. and P.S. -
    Pakri Barawan, District-Nawada, 805124.
19. Nitish Kumar, S/O- Mahendra Prasad Singh, Resident of Village- Jhikuli,
    P.O.- Sangrampur P.S.- Sangrampur, District- Munger.
20. Amisha Kumari , D/O- Shailendra Prasad, Resident of Village- Mai, P.O.-
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        Parwalpur, P.S.- Parwalpur, District-Nalanda
  21. Jamil Ansari S/O- Salauddin Ansari Resident of Village- Arsi Kala, P.O.-
      Dubba, P.S.- Gurua, District-Gaya.
  22. Suruchi Kumari, D/O- Bhola Prasad Keshri, Resident of Village and P.O.-
      Balthari, P.S.- Kochas, District- Rohtas.
  23. Ankit Kumar Suman S/O- Shyamsundar Prasad Yadav, Resident of Village-
      Rampur, P.O.- Jamdaha, P.S.- Katoriya District- Banka.
  24. Binod Yadav S/O- Sakun Yadav Resident of Village- Koriya, P.O.- Lohari,
      P.S.- Chandan, District- Banka.
  25. Shesh Nath Sah S/O- Ramayan Sah Resident of Village- Sirisiya Babutola,
      P.O.- Sasamusa, P.S.- Kuchaiot, District- Gopalganj.
  26. Priyanshu Kumar, S/O- Shashi Bhushan Prasad Resident of Village and
      P.O.- Hathwan, P.S.- Alauli, District- Khagaria.
  27. Sushil Kumar S/O- Brahmadeo Yadav Resident of Village- Kadhaiya, P.O.-
      Kachra, P.S.- Saurbazar, District- Saharsa.
  28. Ranjan Kumar S/O- Kailash Yadav Resident of Village- Karma Masud, P.O.-
      Rafiganj, P.S.- Rafiganj, District- Aurangabad.
  29. Ashish Kumar, S/O- Kamlesh Sah Resident of Village- Dahala, P.O.-
      Durgawati, P.S.- Durgawati, District- Kaimur.
  30. Abdul Rasid, S/O- Md Abuzar Resident of Village- Shivnagar Harishpur,
      P.O.- Dighree, P.S.- Rautara, District- Katihar.
  31. Mahesh Kumar Sah S/O- Ram Babu Sah Resident of Village-P.O.- Bandra,
      P.S.- Piar, District- Muzaffarpur.
  32. Anju Kumari D/O- Surendra Chaudhary Resident of Village- Dighi, P.O.-
      Bathnaha, P.S.- Bathnaha, District- Sitamarhi.
  33. Anil Kumar Yadav S/O- Gorakh Nath Yadav Resident of Village- Chhotka
      Manjha Dakshintola, P.O.- Chhotka Manjha, P.S.- Mairwa, District- Siwan.
  34. Jitendra Kumar S/O- Yugal yadav Resident of Village- Siraiya, P.O.-
      Sahebpur Kamal, P.S.- Sahebpur Kamal, District- Begusarai.
  35. Kundan Kumar Singh S/O- Gajadhar Prasad Singh Resident of Village-P.O.-
      Pasraha, P.S.- Pasraha, District- Khagaria.
  36. Raju Kumar S/O- Sukhdeo Prasad Yadav Resident of Village- Chiraiyantard,
      P.O.- Rampur, P.S.- Rampur, District- Gaya.
  37. Sudhir Kumar, S/O- Nawal Kishor Singh Resident of Village- Gauchari,
      P.O.- Purainia, P.S.- Balthar, District- West Champaran.
  38. Mantu Kumar Ram S/O- Sudarshan Ram, Resident of Village- Mendaripur,
      P.O.- Silari, P.S.- Karghar, District- Rohtas.
  39. Sintu Kumar S/O- Janardan Prasad Yadav, Resident of Village- Belahi Ward
      No-7, P.O.- Makuna, P.S.- Bihra, District- Saharsa.
  40. Sanoj Kumar pandit, S/O- Jalo pandit, Resident of Village-Kharik Purvi
      Gharari, P.O.- Kharik Bazar, P.S.- Kharik, District- Bhagalpur.
  41. Manprit Kumari D/O- Tribhuvan Roy Resident of Village- Dhangama Ward
      No.-03, P.O.- Rautara, P.S.- Ranipatra, District- Purnia.
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  42. Anurag Kumar, S/O- Amresh Singh Resident of Village - P.O.- Singari, P.S.-
      Garhwa, District- Pashchim Champaran.
  43. Alpna Kumari D/O- Nalini Kumar Das Resident of Village-P.O.- Telta, P.S.-
      Balrampur, District- Katihar.
  44. Munna Kumar S/O- Kaleshwar Mandal Resident of Village- Kala Tola, P.O.-
      Bariyarpur, P.S.- Bariyarpur, District- Munger.
  45. Asmeena Khatoon D/O- Mustafa Resident of Village- Chapakhor, P.O.- Hat
      Balrampur, P.S.- Abadpur, District- Katihar.
  46. Sunil Kumar S/O- Ram Prawesh Prasad Resident of Village- Pathra, P.O.-
      Manjhagarh, P.S.- Manjhagarh, District- Gopalganj.
  47. Prabhash Kumar Son of Manbodh Prasad Yadav Resident of Village-
      Parihari, P.O.- Shripur Millik, P.S.- Kumarkhand, District- Madhepura.
  48. Md Jahangir Alam S/O- Md Mojib Resident of Village- Kochka, P.O.-
      Machhatta, P.S.- Amour, District- Purnia.
  49. Manish Kumar Singh S/O- Dinesh Singh Resident of Village-P.O.-
      Pachgachia, P.S.- Gopalpur, District- Bhagalpur.
  50. Chandan Kumar S/O- Wakil Yadav Resident of Village- Chorakol, P.O.-
      Domuhan, P.S.- Banka, District- Banka.
  51. Manilal Kumar S/O- Babujan Mahto Resident of Village- Mirzapur, P.O.-
      Hussaina, P.S.- Ballia, District- Begusarai.
  52. Vikash Kumar, S/O- Jagdam Mistri Resident of Village- Lahangpur, P.O.-
      Lakhaipur, P.S.- Mohanpur, District- Gaya.
  53. Uday Kumar S/O- Sahdeo Ray Resident of Village- Rukmanjri, P.O.-
      Rusulpur Korigawn, P.S.- Goraul, District- Vaishali.
  54. Om Prakash Kumar son of Chandrama Roy Resident of Village-Mahana,
      Post- Saghat Sultanpur, Bansohi, P.S.-Bhagwanpur Hatt, District-Siwan
  55. Md. Meraz son of Md. Zakir Resident of Village - Loam, Post- Loam P.S.-
      Sadar, District-Darbhanga

                                                                ... ... Petitioner/s
                                             Versus

  1.    The State of Bihar through the Additional Chief Secretary, Education
        Department, Old Secretariat, Bailey Road, Patna-800015.
  2.    The Secretary, Education Department, Old Secretariat, Bailey Road, Patna-
        800015.
  3.    The Principal Secretary, General Administration Department, Government
        of Bihar, Patna.
  4.    The Director, Secondary Education, Education Department, Old Secretariat,
        Bailey Road, Patna-800015.
  5.    The Bihar Public Service Commission, 15 Jawahar Lal Nehru Marg, Bailey
        Road, Patna.
  6.    The Chairman, Bihar Public Service Commission, 15 Jawahar Lal Nehru
        Marg, Bailey Road, Patna.
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  7.    The Secretary, Bihar Public Service Commission, 15 Jawahar Lal Nehru
        Marg, Bailey Road, Patna.
  8.    The Joint Secretary -cum- Examination Controller, Bihar Public Service
        Commission, 15 Jawahar Lal Nehru Marg, Bailey Road, Patna.
  9.    Sushil Yadav son of not know bearing Roll no. 743374 under OH category
        (UP) through the Bihar Public Service Commission.
  10. Mohd. Asim son of not know bearing Roll no. 743397 under OH category
      (UP) through the Bihar Public Service Commission
  11. Saloni Gupta daughter of not know bearing Roll no. 743408 under OH
      category (UP) through the Bihar Public Service Commission.
  12. Vikash Kumar son of not know bearing Roll no. 743421 under OH category
      (UP) through the Bihar Public Service Commission
  13. Jitendra Kumar Sahni son of not know bearing Roll no. 743427 under OH
      category (UP) through the Bihar Public Service Commission.
  14. Ajeet Singh, son of not know, bearing Roll no. 743452 under OH category
      (UP) through the Bihar Public Service Commission.
  15. Raghvendra Mishra son of not know bearing Roll no. 743460 under OH
      category (UP) through the Bihar Public Service Commission.
  16. Satyendra Kumar Tripathi son of not know bearing Roll no. 743471 under
      OH category (UP) through the Bihar Public Service Commission.
  17. Lalit Mohan Sonkar son of not know bearing Roll no. 743476 under OH
      category (UP) through the Bihar Public Service Commission
  18. Santosh Kumar son of not know bearing Roll no. 798530 under OH category
      (UP) through the Bihar Public Service Commission.
  19. Pradeep Pal son of not know bearing Roll no. 798588 under OH category
      (UP) through the Bihar Public Service Commission
  20. Rajneesh Kumar son of not know bearing Roll no. 798604 under OH
      category (UP) through the Bihar Public Service Commission.
  21. Vinay Tiwari son of not know bearing Roll no. 798624 under OH category
      (UP) through the Bihar Public Service Commission
  22. Gulshan Kumar, son of not know, bearing Roll no. 798636 under OH
      category (UP) through the Bihar Public Service Commission.
  23. Jeetesh Kumar son of not know, bearing Roll no. 798655 under OH category
      (UP) through the Bihar Public Service Commission.
  24. Sandhya Devi daughter of not know bearing Roll no. 798658 under OH
      category (UP) through the Bihar Public Service Commission.
  25. Sarva Jeet Kumar son of not know bearing Roll no. 825741 under OH
      category (UP) through the Bihar Public Service Commission.
  26. Ankula Singh daughter of not know bearing Roll no. 825749 under OH
      category (UP) through the Bihar Public Service Commission.
  27. Rahul, son of not know bearing Roll no. 825753 under OH category (UP)
      through the Bihar Public Service Commission.
  28. Dalchand Singh son of not know bearing Roll no. 825754 under OH
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        category (UP) through the Bihar Public Service Commission.
  29. Anupam Yadav son of not know, bearing Roll no. 825781 under OH
      category (UP) through the Bihar Public Service Commission.
  30. Ram Pratap Singh son of not know bearing Roll no. 825789 under OH
      category (UP) through the Bihar Public Service Commission.
  31. Ambesh Kumar son of not know bearing Roll no. 825794 under OH
      category (UP) through the Bihar Public Service Commission.
  32. Manish Rai, son of not know bearing Roll no. 825801 under OH category
      (UP) through the Bihar Public Service Commission.
  33. Deepak Kumar Pal, son of not know bearing Roll no. 825829 under OH
      category (UP) through the Bihar Public Service Commission.
  34. Bhanu Pratap son of not know bearing Roll no. 825850 under OH category
      (UP) through the Bihar Public Service Commission.
  35. Ajeet Kumar son of not know bearing Roll no. 825884 under OH category
      (UP) through the Bihar Public Service Commission.
  36. Dharmoo Prajapati son of not know bearing Roll no. 825892 under OH
      category (UP) through the Bihar Public Service Commission.
  37. Yogesh Kumar, son of not know bearing Roll no. 825895 under OH category
      (UP) through the Bihar Public Service Commission.
  38. Kamalkant son of not know bearing Roll no. 827251 under OH category
      (UP) through the Bihar Public Service Commission
  39. Neetu, daughter of not know, bearing Roll no. 827251 under OH category
      (UP) through the Bihar Public Service Commission.
  40. Jai Kishor son of not know bearing Roll no. 827324 under OH category
      (UP) through the Bihar Public Service Commission.
  41. Afaque Ahmad son of not know bearing Roll no. 835715 under OH category
      (UP) through the Bihar Public Service Commission
  42. Vinod Kumar Yadav son of not know bearing Roll no. 835781 under OH
      category (UP) through the Bihar Public Service Commission.
  43. Prem Ji Dwivedi, son of not know, bearing Roll no. 835798 under OH
      category (UP) through the Bihar Public Service Commission.
  44. Ramesh Chandra son of not know bearing Roll no. 835803 under OH
      category (UP) through the Bihar Public Service Commission.
  45. Pushpendra Kumar son of not know bearing Roll no. 835811 under OH
      category (UP) through the Bihar Public Service Commission.
  46. Nagendra Singh, son of not know, bearing Roll no. 835827 under OH
      category (UP) through the Bihar Public Service Commission.
  47. Ram Sharan Saroj, son of not know, bearing Roll no. 835840 under OH
      category (UP) through the Bihar Public Service Commission.
  48. Tiwari Kumari Priyanka Kashinath, daughter of not know, bearing Roll no.
      835863 under OH category (UP) through the Bihar Public Service
      Commission.
  49. Basudev, son of not know, bearing Roll no. 836744 under OH category (MP)
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        through the Bihar Public Service Commission.
  50. Rohit Kumar, son of not know, bearing Roll no. 836745 under OH category
      (UP) through the Bihar Public Service Commission.
  51. Rajesh Kumar Yadav, son of not know, bearing Roll no. 836834 under OH
      category (MP) through the Bihar Public Service Commission.
  52. Raghbendra Singh Bhadoriya son of not know bearing Roll no. 836847
      under OH category (MP) through the Bihar Public Service Commission.
  53. Ghanshyam Sharma son of not know bearing Roll no. 836855 under OH
      category (MP) through the Bihar Public Service Commission.
  54. Mukesh Kumar Khokhar son of not know bearing Roll no. 836861 under
      OH category (Rajasthan) through the Bihar Public Service Commission.
  55. Kanhaia Lal Shaw, son of not know, bearing Roll no. 836906 under OH
      category (WB) through the Bihar Public Service Commission.
  56. Sonu Singh, son of not know, bearing Roll no. 836785 under DD category
      (Rajasthan) through the Bihar Public Service Commission.
  57. Jeetendra Kumar, son of not know, bearing Roll no. 836875 under DD
      category (Rajasthan) through the Bihar Public Service Commission.
  58. Mohammad Abbas, son of not know, bearing Roll no. 836886 under DD
      category (Delhi) through the Bihar Public Service Commission.
  59. Neeraj Singh son of not know bearing Roll no. 539395 under VI category
      (UP) through the Bihar Public Service Commission.
  60. Jitendra Kumar Singh son of not know bearing Roll no. 825847 under VI
      category (UP) through the Bihar Public Service Commission.
  61. Rahul Kumar son of not know bearing Roll no. 836879 under VI category
      (UP) through the Bihar Public Service Commission.

                                                 ... ... Respondent/s
       ======================================================
       Appearance :
       For the Petitioner/s     :       Mr. Y.V. Giri, Sr. Adv.
                                        Mr. Ashish Giri, Adv.
                                        Mr.Pranav Kumar, Adv.
                                        Ms. Shrishti Singh, Adv.
       For the State            :       Mr. Mankeshwar Tiwari, AC to AAG 3
       For the BPSC             :       Mr. Sanjay Pandey, Adv.
                                        Mr. Nishant Kumar Jha, Adv.
       =======================================================
       CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                           ORAL JUDGMENT
         Date : 27-01-2026

                       Heard Mr. Y.V. Giri, learned Senior Advocate with Mr.

         Pranav Kumar, learned Advocate for the petitioners, Mr. Sanjay

         Pandey, learned Advocate for the Bihar Public Service
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         Commission and learned Advocate for the State.

                     2. This Batch of the writ petitioners are unsuccessful

         candidates under the disabled quota in connection with

         Advertisement No. 22/2024; who are seeking following reliefs:-

                         “(i) To issue an appropriate writ, order, direction
                         in the nature certiorari for quashing the part of
                         final result dated 15.11.20 of TRE-III published by
                         the respondent Bihar Public Servi Commission
                         through advertisement no. 22/2024 with respect the
                         disabled quota candidates of OH (Orthopaedic), VI
                         (Visuall impaired) & DD (Deaf & Dumb) for
                         appointment to the post Teachers under all the
                         categories (Annexure-P/5, Pg125).

                         (ii) To issue an appropriate writ, order, direction in
                         the nature mandamus commanding the respondent
                         Bihar Public Service Commission to publish a
                         fresh result after giving the benefit reservation of
                         disabled quota to the candidates belonging to the
                         State of Bihar, and not to consider the candidature
                         of disabled quota candidates from outside the state
                         of Bihar be considered against unreserved
                         category against advertisement no. 22/2024.

                         (iii) To issue an appropriate writ, order, direction
                         in the nature of mandamus commanding the
                         respondent Bihar Public Service Commission to
                         grant benefit of disabled quota to the candidates
                         belonging to the State of Bihar and not to the
                         candidates who are not resident (domicile) of
                         Bihar against advertisement no. 22/2024.

                         (iv) To issue an appropriate writ, order, direction in
                         the nature of mandamus commanding the
                         respondent Bihar Public Service Commission to
                         publish a fresh result after strictly implementing
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                         the procedure as prescribed in resolution no.
                         20150 dated 15.11.2022 and letter no. 2701 dated
                         13.02.2024 issued under the signature of the
                         Additional Chief Secretary, General Administration
                         Department in relation to allowing the benefit of
                         disabled quota only to the candidates who are
                         residents (domicile) of Bihar, and not to grant
                         benefit of reservation to the candidate who are
                         non-residents of Bihar under disabled quota
                         (unreserved category) against advertisement no.
                         22/2024.

                         (v) To issue an appropriate writ, order, direction in
                         the nature of mandamus commanding the
                         respondent Bihar Public Service Commission to
                         publish the result of disabled quota only with
                         respect to the candidates who are the residents
                         (domicile) of Bihar in terms of Bihar Reservation
                         Act, 1991 and resolution 20150 dated 15.11.2022
                         and letter no. 2701 dated 13.02.2024 against
                         advertisement no. 22/2024.

                         (vi) To any other reliefs for which the petitioners
                         appear to be found entitled to the Ho’ble Court.”

                     3. The petitioners, who belong to disabled quota

         having their domicile in the State of Bihar, after completing

         their training and possessing CTET and STET certificates, on

         being found eligible for appointment to the post of Primary,

         Secondary and Higher Secondary Teachers, applied in terms

         with the caption Advertisement No. 22/2024. Clause 6(iv)(A) of

         the Advertisement prescribes horizontal reservation to the

         disabled candidates in terms of notification No. 962 dated
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         22.01.2021 and Clause 6(vii) and its “Note” further states that

         only such disability certificate will be considered, which are

         issued by the Government Hospital of Bihar and in case

         document is found forged, the candidature will be cancelled. It

         further says that if the disability certificate is issued by the Civil

         Surgeon-cum-Chief Medical Officer, the candidature shall be

         deemed to be provisional and the candidates are mandatorily

         required to submit disability certificate duly issued by the

         Government Medical College and Hospital before selection.

                     4. Mr. Giri, learned Senior Advocate representing the

         petitioners, after going through the afore noted prescriptions of

         the Advertisement, submitted that the disabled candidates are

         entitled 4% of horizontal reservation and such reservation would

         only be extended to the candidates, who are residents of State of

         Bihar or having domicile of Bihar. The aforesaid facts are also

         fortified in view of letter No. 2701 dated 13.02.2024, which has

         been published as Master Circular in relation to the reservation

         for appointment, promotion and admission in educational

         institutions. The said letter clarified that with regard to the

         equal participation and other facilities of disabled persons,

         detailed circulars and resolution No. 13062 dated 12.10.2017,

         resolution No. 962 dated 22.01.2021 have been issued. Clause 6
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         of the Master Circular mandates that the benefit of reservation

         will be given only to the candidates who are residents of Bihar

         and therefore, candidates who are outside the State of Bihar will

         not be given any reservation.

                     5. The petitioners apprehending foul play on account

         of lack of clarification with regard to extending benefit of

         reservation to the candidates, who are not even the resident of

         State of Bihar, earlier moved before this Court in CWJC No.

         17020 of 2024 titled as Pankaj Kumar & Ors. vs. State of Bihar

         & Ors. seeking a direction, inter alia, upon the concerned

         respondents to prepare the merit list against Advertisement No.

         22/2024 for appointment to the post of Primary Teachers, after

         giving the benefit of reservation of disabled quota to the

         candidates belonging to the State of Bihar and the candidates

         who applied against the disabled quota from outside the State of

         Bihar shall be considered against Unreserved Category in

         compliance of resolution No. 20150 dated 15.11.2022. The

         relief was also sought for to declare any appointment made in

         conflict of resolution No. 20150 dated 15.11.2022 and letter No.

         2701 dated 13.02.2024 void ab initio, illegal and bad in law. The

         aforesaid writ petition however came to be dismissed vide order

         dated 26.11.2024 on the ground that the writ application is
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         premature and the petitioners do not have locus to maintain the

         present writ petition.

                     6. This court has further been apprised that before

         publication of the advertisement, the General Administration

         Department had published resolution bearing memo No. 962

         dated 22.01.2021 with respect to giving reservation to the

         disabled candidates upto 4% horizontal reservation to the

         candidates belonging to the disabled quota in view of section 34

         of the Rights of Persons with Disabilities Act, 2016.

         Notwithstanding the clear position in law that the disabled

         candidates outside the State of Bihar are to be adjusted in the

         General Category, the Commission after publishing the final

         merit list of TRE-III has given horizontal reservation to the

         disabled candidates outside the State of Bihar and, as such,

         deprived the petitioners from their rightful claim to get the

         benefit of reservation on account of being resident and having

         domicile of the State of Bihar.

                     7. While pressing the writ petition, Mr. Giri, learned

         Senior Advocate           further     submitted   that   the   Education

         Department has published the Bihar State School Teachers

         (Appointment, Transfer, Disciplinary proceeding and Service

         Conditions) Rules, 2023 on 10.04.2023. Rule 6 thereof has
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         clarified that the provision for reservation in direct appointment

         in the State of Bihar shall be governed with the guidelines

         issued by the General Administration Department but the

         respondents are deviating from the guidelines and circulars

         published by the General Administration Department, where

         purposes is to give reservation to the disabled quota candidates,

         who are the residents of Bihar. The General Administration

         Department in its letter published in the Bihar Gazette on

         09.03.2011 by giving a reference to letter No. 70 dated

         11.06.1996 clarified that in the State services the benefit of

         reservation will be given to the persons or the candidates, who

         are the residents of Bihar. The stipulation mentioned in the

         afore noted letter has further been reiterated by the General

         Administration Department through its letter bearing Memo No.

         20150 dated 15.11.2022 by which it has been stated that in

         terms of the Bihar Act 15/2003, the benefit of reservation will

         be given to the residents of Bihar in State services. The said

         letter further clarified that any candidates who are not the

         residents of Bihar are eligible for appointment but their results

         will be published as per the merit in the General Category.

         Referring to the cut off marks fixed for various categories of

         successful candidates published by the Commission, attention of
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         this Court has been drawn that the benefit of reservation has

         been given to the candidates who are not even the residents of

         Bihar and instead of publishing their result in the General

         Category; they have been allowed the benefit of reservation

         under the disabled category, contrary to the guidelines of the

         General Administration Department as well as the Bihar Act,

         15/2003.

                     8. In view of the afore noted contention, learned

         Senior Advocate representing the petitioners seeking a direction

         to hold the part of the final result as wholly bad, illegal and

         against the terms of the resolutions and the Bihar Act 15/2003.

                     9. On the other hand, refuting the contentions of the

         learned Senior Advocate representing the petitioners, learned

         Advocates for the State as well as the Commission have

         unanimously submitted that the disabled candidates of outside

         the State of Bihar were declared successful in Unreserved

         Category under Advertisement No. 22/2024. It is informed that

         Total 552 disabled candidates of outside the State of Bihar were

         extended the benefits of disability in Unreserved Category. The

         resolution in relation to reservation to disabled candidates,

         including the resolution issued by the Personnel and

         Administrative Reforms Department as contained in Memo No.
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         62 dated 05.01.2007, Memo No. 13062 dated 12.10.2017 issued

         by the General Administration Department and the resolution

         contained in Memo No. 962 dated 22.01.2021, there is no such

         prescription that the benefit of divyang reservation will be given

         only to divyang (disabled) candidates of the State of Bihar and

         forbid the disabled candidates of the outside the State of Bihar

         to extend the benefits of disability reservation.

                     10. Referring to resolution no. 962 dated 22.01.2021,

         it is submitted that in terms with the mandate of Rights of

         Persons with Disabilities Act, 2016, the General Administration

         Department, Government of Bihar has extended 4% reservation

         to the disabled candidates in the recruitment of the State

         services and 5% reservation has been made to the disabled

         persons in admission of educational academic/institutions under

         the State of Bihar. In para-2 (2) of the resolution dated

         22.01.2021, a clear prescription has been made that based upon

         merit qualification of the disabled candidate they would be

         included in Unreserved Category provided they have not availed

         the earlier benefit of relaxation, limitation of age, qualification

         and of computer skills etc. It is further submitted that under the

         Bihar Act 15/2003, the provisions have been made that the

         resident of candidates outside the State of Bihar will not claim
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         the benefit of reservation under the State of Bihar and it has

         further been clarified that the candidate of any categories

         outside the State of Bihar will not be entitled for reservation in

         the State of Bihar but prior to issuance of resolution contained

         in Memo No. 8962 dated 21.05.2025 candidates of other State

         of Bihar had also been selected on their own merit under

         Unreserved Category. Thus, it is manifest that prior to coming

         into force of the said provisions, the candidates of all the

         categories outside the State of Bihar had been selected on their

         merit including the persons with disability.

                     11. However, after passage of time, it was found that

         the disabled candidates outside the State of Bihar are being

         selected on their merit in the State of Bihar due to which the

         disabled candidates of the State of Bihar, even in all respect they

         fulfill the requisite qualification, are not getting the position in

         the merit list or selected in the government service or in the

         higher academic institutions. In the aforesaid premise, the issue

         of reservation of disabled persons is meticulously examined and

         took note of the fact that the neighbour States have also been

         providing horizontal reservation to the disabled candidates who

         are the original residents of their States. The Government of

         Bihar under its policy decision vide its resolution contained in
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         Memo No. 8962 dated 21.05.2025 resolved that under the State

         of Bihar in the appointment of the services of State of Bihar and

         admission in higher educational institution, only the reservation

         would be provided to permanent resident of Bihar even under

         the horizontal reservation but it would not be retrospective in

         nature. Since the matter which has been raised by the petitioners

         is obviously prior to issuance of resolution contained in Memo

         No. 8962 dated 21.05.2025; the aforesaid provisions would not

         be applicable in the matter of the petitioners in the instant writ

         petition. Moreover, after publication of the final result, the entire

         selection procedures have come to an end and the appointments

         have also taken place.

                     12. This Court has carefully heard the learned Senior

         Advocate/Advocates for the respective parties and also perused

         the relevant prescriptions of the resolutions/Act referred

         hereinabove.

                     13. The only point for consideration as emerged out

         before this Court is as to whether the disabled candidates of

         outside of State of Bihar are entitled to get the benefit of

         horizontal reservation under the Open category in terms with the

         circulars and the guidelines issued by the State of Bihar through

         the General Administration Department time to time?
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                     14. Before coming to the issue, it would be pertinent to

         recapitulate the legal position as crystallized by the Apex Court

         that even a candidate belonging to any of the vertical reservation

         categories who on the basis of own merit is entitled to be

         selected in the Open or the General Category, his selection

         would not be counted against the quota reserved for such

         vertical category. The Apex Court in Saurav Yadav & Ors. vs.

         State of Uttar Pradesh & Ors. [(2021) 4 SCC 542], while

         considering the issue as to whether such principle laid down in

         the case of Indra Sawhney v. Union of India [1992 Supp (3)

         SCC 217] and followed subsequently in various decisions also

         applies to the cases of horizontal reservation, while crystallizing

         the conflicting views of different High Courts and taking note of

         various earlier pronouncements, held that the reservation, both

         vertical and horizontal are method of ensuring representation in

         public services where a candidate merit which otherwise entitled

         him to be shown in the General Open Category, is foreclosed as

         a consequence would be, certainly negate the merit. The Open

         Category is open to all and the only condition for a candidate to

         be shown in its merit, regardless of whether reservation benefit

         of either type is available to her or him.

                     15. The Hon’ble Supreme Court following the
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         decision rendered in the case of Saurav Yadav (supra) and

         Sadhna Singh Dangi vs. Pinki Asati [(2022) 12 SCC 401] has

         recently held in the case of Ramnaresh alias Rinku Kushwah

         & Ors. vs. State of Madhya Pradesh & Ors. [2024 SCC

         OnLine SC 2058] that the methodology adopted by the

         respondents in compartmentalizing the different categories in

         the horizontal reservation and restricting the migration of

         meritorious reservation category candidates to the unreserved

         seats was totally unsustainable. The relevant paragraph of the

         judgment is being quoted hereinbelow:

                         “16. In view of the settled position of law as laid
                         down by this Court in the case of Saurav Yadav
                         (supra) and reiterated in the case of Sadhana Singh
                         Dangi (supra), the methodology adopted by the
                         respondents in compartmentalizing the different
                         categories in the horizontal reservation and
                         restricting the migration of the meritorious
                         reserved category candidates to the unreserved
                         seats is totally unsustainable. In view of the law
                         laid down by this Court, the meritorious candidates
                         belonging to SC/ST/OBC, who on their own merit,
                         were entitled to be selected against the UR-GS
                         quota, have been denied the seats against the open
                         seats in the GS quota.”
                                                           Emphasis supplied

                     16. It would also be pertinent to recapitulate before

         proceeding further that the benefit of reservation of one State

         cannot be extended to the other State. The Constitution Bench of
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         the Hon’ble Supreme Court in Ranjana Kumari Vs. State of

         Uttaranchal & Ors. [(2013) 14 SCC 710] followed in

         subsequent decision including in the case of Sanjeev Kumar &

         Anr. Vs. State of Bihar & Ors. [AIR 2017 SC 1501] it has been

         held that the benefit of reservation of SC/ST candidates upon

         migration to another State is not permissible even when the

         caste to which they belong is recognized as Scheduled Caste in

         both the States.

                     17. Now coming to the case at hand, the advertisement

         in question especially Clause 6(A) it clearly reads that in terms

         with resolution No. 962 dated 22.01.2021 issued by the General

         and Administration Department, the disabled candidate shall be

         extended the benefit of horizontal reservation to make such

         claim of reservation. The disabled candidates are mandatorily

         required to annex           the disability certificate issued by the

         competent authority. The aforesaid stipulation further clarified

         in Note of Clause 8 that only those disability certificate shall be

         admissible which are issued by the Government Medical

         College and Hospital.

                     18. From perusal of the Government resolution No.

         962 dated 22.01.2021, it is evident that the same has been issued

         in the light of the Rights of Persons with Disabilities Act, 2016,
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         especially in terms with Section 34 thereof that with regard to

         the equal participation in extending other facilities to the

         disabled persons in the process of appointment/selection in the

         services of the State of Bihar, the benefit of 4% of reservation

         will be provided for persons with disabilities in recruitment to

         all     types      of      post       and          services    in     all   the

         Department/State/undertaking/Corporation/Bodies/Boards of the

         State Government. Whereas, under Section 32 of the Act, 2016,

         5% horizontal reservation will be provided for candidates with

         disabilities in admission to all Government educational

         institutions including those receiving aid from the State

         Government. Clause 2 of the said resolution dated 22.01.2021

         further clarified that the persons with disabilities shall be

         counted under the Unreserved Category on the basis of merit,

         provided they have not availed any relaxation related to

         reservation      such     as    age       limit,     qualification,   computer

         proficiency. All the resolutions which have been referred by the

         learned Senior Advocate for the petitioners as well as the

         resolution contained in Memo No. 962 dated 22.01.2021 based

         upon which the respondents have come out with the case that

         the disabled candidates outside the State of Bihar have been

         selected keeping in view their merit position in the merit list and
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         have been adjusted against the vacancies of Unreserved

         Category.

                     19. There cannot be any slightest confrontation with

         regard to the legal position that once the candidates, either

         claiming General category, vertical reservation or horizontal

         reservation secured their position by securing the cut off marks

         under the Open category by dint of their merit irrespective of

         the fact that they belong to the Reserved category, they shall be

         counted against the Open category which is meant for all. This

         Court also took note of the relevant provisions of the Bihar Act

         15/2003 wherein by making the amendment under Section 4,

         third proviso has been added to Section 4(2) which reads as

         follows: “Provided further that the candidates residing out of the

         State of Bihar shall not claim for the benefits of reservation

         under this Act. The repealing and savings Clause of the Bihar

         Act,      15/2003         made        it     clear   that   all   such

         orders/resolutions/circulars/provisions of any act which are

         inconsistent to this amendment Act shall be deemed to be

         repealed to this extent. Indubitably, it is the statutory

         prescription of the Act and the Rules which prevails over the

         terms of the Advertisement if it is found to be inconsistent.

         However, neither there is any inconsistency in the terms of the
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         conditions of the caption advertisement nor the same is under

         challenge.

                     20. Social reservations in favour of SC/ST and OBC

         under Article 16(4) of the Constitution are vertical reservation,

         whereas special reservation in favour of physically handicapped

         women etc. under Article 16(1) or 15(3) of the Constitution are

         horizontal reservations. A vertical reservation is made in favour

         of the backward class under article 16(4); the candidate

         belonging to such backward class may compete for unreserved

         post and if they are appointed to the unreserved post on their

         own merit, their number will not be counted against the quota

         reserved for respective Backward Class. But the aforesaid

         principle applicable to vertical social reservations will not apply

         to horizontal/special reservation where special reservation for

         handicapped is provided within the social reservation for social

         caste or other Backward Category, proper procedure is first to

         fill up the quota for social caste or other backward category in

         order of merit and then find out the number of candidates

         among them who belongs to special reservation group of social

         caste handicapped. If number of handicapped candidates in such

         list is equal or more than number of special reservation quota,

         then there is no need for further selection towards the special
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         reservation quota. Only if there is any shortfall in the requisite

         number of social caste or other backward category handicapped

         candidates shall have to be taken by deleting the corresponding

         number of candidates from the bottom of the list relating to

         social caste or other backward category.

                     21. After careful consideration of the law set at rest by

         various decisions of the Apex Court, now again coming to the

         facts of the case, it is writ large that the disabled candidates

         from outside of the State have been selected keeping in view

         their merit position against the vacancies of unreserved category

         in terms with resolution No. 962 dated 22.01.2021 since the

         disabled quota candidates of OH (Orthopedic), VI (Visually

         Impaired) and DD (Deaf and Dumb) of the outside of the State

         of Bihar had applied for appointment to the post of teachers

         under Open category and they have been adjusted against the

         disabled quota which falls within the horizontal reservation

         against Open category candidates, hence their selection and

         appointment cannot be held to be illegal and unsustainable in

         law. Since their appointments have been made in terms with

         Clause 2(ii) of the resolution of the General Administration

         Department, Government of Bihar contained in Memo No. 962

         dated 22.01.2021 where it categorically prescribes that on the
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                      basis of merit calculation of disabled candidates it would be

                      done in unreserved category provided they have not availed the

                      earlier benefit of relaxation, limitation of age, qualification of

                      computer skill etc. Open category is open for all and once a

                      disabled candidate even outside of the State of Bihar competes

                      and secures the cut off marks of a candidate of General

                      Category and competes the marks for the disabled quota, there

                      is no illegality in adjusting them against the disabled category

                      candidates of Open category. Domicile and residence in the

                      concerned State are necessary or prerequisite conditions only for

                      reservation and are not applicable for securing a post advertised

                      under the Open category.

                                  22. In view of the aforesaid facts and the position

                      obtaining in law, this Court does not find any merit in the

                      submissions advanced by the learned Senior Advocate for the

                      petitioners. Accordingly, the writ petition stands dismissed.



                                                           (Harish Kumar, J)

Anjani/-
AFR/NAFR
CAV DATE
Uploading Date             03.02.2026
Transmission Date


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