PATNA, India, April 23 -- Patna High Court issued the following judgment on March 23:

1. Heard learned counsel for the parties.

2. The petitioner has filed the instant application for the following relief (s) :-

"1. (i) Issuance of a writ in the nature of writ of mandamus commanding the respondents to declare the result of the petitioner as pass or having qualified on merit in the recruitment of drivers on vacant post under the State Govt vide Advt. no. 13010116 dated 22.06.2016 as wrongly the respondents have excluded the name of the petitioner from the list of successful candidates, treating him to be a general class candidate whereas the petitioner is a member of SC/ST category and denial of benefit of reservation despite having obtained 48 marks in the examination which is substantially higher than the cutoff marks of 41 marks on which other SC/ST candidates have been selected is discriminatory and violation Article 14 & 16 to the constitution of India.

(ii) Issuance of a writ again in the nature of writ of mandamus whereby and whereunder the respondents are issued a direction and commanded to revise the merit list in accordance with reservation policy and not to treat the petitioner as a general class candidate and extend to him the benefit of SC/ST category to which the petitioner belongs.

(iii) Issuance of any other writ/writs; order/orders to give/grant relief/reliefs to which the petitioner may be found entitled to in the facts and circumstances of the case."

3. The case of the petitioner in brief is that on the respondent -Bihar Staff Selection Commission (hereinafter referred to as 'the Commission') coming out with Advertisement no.13010116 on 22.6.2016 for recruitment on the vacant post of Drivers under the State Government, the petitioner who belongs to the Most Backward Class (MBC) category applied for the same. The respondent -Commission however treated the petitioner under the Unreserved category, the petitioner was not selected and as such the instant writ application for the prayer as stated herein above.

4. It is submitted by learned counsel appearing for the petitioner that the petitioner belongs to the caste of Lohar which was earlier under the MBC category. Referring to the caste certificate dated 16.8.2016, it is submitted that the caste Lohar was kept in Schedule-1 of MBC as also Schedule-2 of BC at serial no.115. Learned counsel submits that on perusal of the letter dated 5.9.2016 written by the Additional Secretary, General Administration Department, Government of Bihar, it would transpire that as on 8.8.2016, the caste Lohar had been placed under the Schedule Tribe (ST) category. As a result of the provisions mentioned therein, those categories of castes which were already under the ST category, their names were deleted from the Schedule-1 attached to the EBC/MBC category. Consequently, so far as the petitioner's caste of Lohar is concerned, this was also deleted from serial no.115 of Schedule-1 of the EBC category.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MTUjMTY2OCMyMDIyIzEjTg==-I50LAS3yzPg=)

Disclaimer: Curated by HT Syndication.