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Patna High Court

Dr. Arvind KumarversusThe State Of Bihar and Ors

Decided
Disposal
WITHDRAWN

Holding

The writ application was dismissed as withdrawn.

Summary

Dr. Arvind Kumar filed a writ petition in the Patna High Court seeking a direction to the State of Bihar and the Bihar Public Service Commission to reserve a post for a Scheduled Tribe candidate under the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Cast, Scheduled Tribes and other Backward Classes) Act, 1991 in a recruitment advertised on 24 April 2017. The petitioner alleged that the respondents were not complying with the mandatory reservation provisions. The petition was heard before Justice Partha Sarthy. During the hearing, counsel for the petitioner requested permission to withdraw the writ. The court granted the request and dismissed the application as withdrawn, without examining the merits of the reservation claim.

Issues considered

  • Whether the respondents are required to reserve the advertised post for a Scheduled Tribe candidate under the Bihar Reservation of Vacancies Act, 1991

Subjects

  • reservation
  • public service commission
  • writ petition
  • withdrawal
  • Bihar
  • scheduled tribes

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.9074 of 2017
                 ======================================================
                 Dr. Arvind Kumar S/o Late Jai Kishore Singh, R/o House No. 262, Nehru
                 Nagar, P.O.P.S.-Patliputra, District-Patna.

                                                                                   ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    The Principal Secretary, Health Department Govt. of Bihar, Patna.
           3.    The Bihar Public Service Commission, through its Chairman, Bailey Road,
                 Patna.
           4.    The Chairman, Bihar Public Service Commission, Bailey Road, Patna.
           5.    The Special Secretary-cum-Examination Controller, Bihar Public Service
                 Commission, Bailey Road, Pat

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Siddhartha Prasad, Advocate
                 For the Respondent/s      :        Mr. Chitranjan Sinha- PAAG2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   13-02-2026                   1. The petitioner has filed the instant application for

                   the following relief:

                                        “1. That the instant writ application is being
                                        filed     for    issuance     of    writ(s)/      order(s)/
                                        direction(s) for commanding the respondents to
                                        act fairly and in terms of Bihar Reservation of
                                        vacancies in Post and Services (for Scheduled
                                        Cast, Scheduled Tribes and other Backward
                                        Classes) Act, 1991 in the selection process
                                        initiated       pursuant     to    the     issuance        of
                                        advertisement        No-18/2017           published       on
                                        24.04.2017 in the daily newspaper and to
                                        reserve     mandatory       post    for       a   candidate
                                        belonging to Scheduled Tribe. The petitioner
          Patna High Court CWJC No.9074 of 2017(3) dt.13-02-2026
                                                      2/2




                                       further prays for any other relief/reliefs that the
                                       petitioner is entitled to in the fact and
                                       circumstances in the case.”
                                2. Learned counsel for the petitioner seeks permission

                    to withdraw this application.

                                3. The application is dismissed as withdrawn.



                                               (Partha Sarthy, J)
Bibhash

U


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