Ashutosh Kumar v. The State Of Bihar.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9632 of 2022 ====================================================== Ashutosh Kumar Son of Chandeshwar Sharma, resident of Bishunpur Giddha, P.S.- Maniyari, District - Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Science and Technology Department, Govt. of Bihar, Patna.

3.

The Joint Secretary, Science and Technology Department, Govt. of Bihar, Patna.

4.

The Bihar Public Service Commission, Patna through its Secretary. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Sinha, Adv.

For the Respondent/s :

Mr. Kameshwar Prasad Gupta ( Gp 10 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 13-07-2022 Heard the parties.

The petitioner by way of this writ petition prays to be considered under the ST category for the post of Assistant Professor in Engineering as the respondents have declared his result in ST category. It is stated that the petitioner belongs to Lohar community from Muzaffarpur and was included in ST category by notification of the Government of Bihar. However, the said notification has been quashed subsequently by the Supreme Court vide Judgment dated 21.02.2021. Learned counsel submits that as on the date the advertisement was issued, the petitioner was falling in ST category, and therefore,

Patna High Court CWJC No.9632 of 2022(2) dt.13-07-2022 2/2 he should be treated as ST candidate and allowed to participate in the counselling.

I have considered the submissions.

Admittedly, the ST category classifications allotted by the Government of Bihar have been quashed by the Supreme Court vide its Judgment dated 21.02.2021. The said notification would be treated as void ab initio, and therefore, the petitioner can not claim any benefit of the said notification of Bihar Government. He, therefore, cannot be treated ST category and would therefore, not entitled to be placed in the merit of ST category's candidate.

Learned counsel has submitted that the petitioner would be treated in EBC category of general candidate but in EBC category also she does not fall on merit. Considering the same, no indulgence can be granted to the petitioner for participating in the counselling. The writ petition is devoid of merit and is accordingly dismissed.

(Sanjeev Prakash Sharma, J) amit/- Item no.81 U