PATNA HIGH COURT ISSUES JUDGMENT ON PRAKASH KUMAR AND ORS. V/S THE STATE OF BIHAR AND ORS.

PATNA, India, Feb. 25 -- Patna High Court issued the following judgment on Jan. 26:

1. 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 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 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."

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MTUjNjM3OCMyMDI1IzEjTg==-UgXvw2spJCk=)

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