Patna High CourtCWJC/1187/2014dismissed

Runa Kumari v. The State Of Bihar And ORS

2015-02-12Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1187 of 2014 ===========================================================

1. Runa Kumari Wife Of Ajay Kumar Thakur Resident Of Village + P.O.- Khodavandpur, P.S.- Khodavandpur, District- Begusarai .... .... Petitioner/s

Versus

1. The State Of Bihar Through Principal Secretary, Social Welfare Department, Bihar, Patna

2. The Director, Icds, Bihar, Patna

3. The Divisional Commissioner, Munger

4. The District Magistrate, Begusarai

5. The District Programmer Officer, Begusarai

6. The Child Development Programme Officer (C.D.P.O.), Khodavandpur, Begusarai

7. Mrs. Premlata Kumari W/O Santosh Kumar Sharma Resident Of Village + P.O. + P.S.- Khodavandpur, District- Begusarai

8. The Secretary, Gram Panchayat Narpa, Bithan, Samastipur .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. SITA RAM YADAV For the Respondent/s : Mr. AJIT PRATAP SINGH =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 12-02-2015 Writ application is required to be dismissed on the sole ground that there is no infirmity in the decision of the Divisional Commissioner, Munger in deciding the fact that the private respondent belongs to M.B.C. in terms of the notification issued in the year, 2009.

No doubt Barhai as a caste were treated as a backward class prior to the year 2009. The advertisement was issued in the year 2007 but if the selection has come to be made after the change of class and category of the private respondent, then the

Patna High Court CWJC No.1187 of 2014 dt.12-02-2015 2/2 benefit of reservation extended to such class or caste cannot be snatched away on technicality by the petitioner in this regard. The order of the Divisional Commissioner is, therefore, rational, cogent and in accordance with the existent classification of Barhai as a caste. Writ application is dismissed.

(Ajay Kumar Tripathi, J) haque/- U