Vidyawati Kiran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1264 of 2024 ====================================================== Vidyawati Kiran Sri Vinod Kumar, D/o Sri Gulab Chand Resident of VillageMohamadpur hari Bhagwanpur, P.S.-Bhagwanpur, District-Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, General Administration Department, Government of Bihar, Patna.

3.

The Deputy Secretary, General Administration Department, Government of Bihar, Patna.

4.

The Chairman, Bihar Public Service Commission, 15-Nehru Path, Bailey Road, Patna.

5.

The Joint Secretary Cum Examination Controller, Bihar Public Service Commission, 15-Nehru Path, Bailey Road, Patna. 6.

The Secretary, Law Department, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sadanand Paswan, Adv.

For the State :

Mr. Sarvesh Kumar, GP-24 For the BPSC :

Mr. Rajni Kant Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-02-2024 The present writ petition has been filed for quashing the following:- "1A(i). The circular contained in letter No. 11/ vk0 fo0 - 12/2022 lh0 iz0 15760 dated 02.9.2022 (partly) issued under the signature of Deputy Secretary, General Administration Department, Government of Bihar to the extent by which it is determined that the benefit of reservation should be given to the married lady/women on the basis of original residence of her father.

(ii). The final result of advertisement No.

Patna High Court CWJC No.1264 of 2024(2) dt.08-02-2024 2/3 01/2020 partly by which the result of preliminary and main (written examination) has been cancelled of the petitioner bearing roll No. 100225 as contained in Annexure-5 has been cancelled.

2. The petitioner has also prayed for the following reliefs:- (B)(i). To hold that determination to give the benefit of reservation to the married lady/ women on the basis of the original resident of her father only is ultra-virus and not sustainable in the eye of law.

(ii). To direct the respondents to give the benefit of the reservation to the married lady on the basis of permanent / original resident of her husband besides the original / permanent resident of her father.

(iii). To hold that the petitioner belongs to the category of schedule caste in Bihar after her marriage with a person who is permanent residence of Bihar belongs to SC category.

(iv). To direct the respondents to appoint the petitioner as an Assistant Prosecution Officer pursuant to the advertisement No. 01/2020 published by the Bihar Public Service Commission Patna forthwith.

(v). To hold that the petitioner being "Dushadh" by caste come within the category of Schedule Caste in the state of Bihar after her marriage with a person who is permanent resident in Bihar

Patna High Court CWJC No.1264 of 2024(2) dt.08-02-2024 3/3 state."

3.

After some arguments, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to approach the Respondents authorities for redressal of her aforesaid grievances. Liberty, so sought, is granted.

4.

The present writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) Ajay/- U