Narendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15787 of 2019 ====================================================== Narendra Kumar S/o Late Narayan Chaudhary, Resident of Sikandarpur, P.O.- Shahpur, Dinpur-Cum-Khagaul, District-Patna.

... ... Petitioner/s

Versus

1.

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

The Additional Chief Secretary, General Administration Department, Government of Bihar.

3.

The Chairman BPSC, Government of Bihar 4.

The Joint secretary-Cum-Examination Controller BPSC Government of Bihar, Patna.

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

For the Petitioner :

Ms. Alka Verma, Advocate For the Respondents :

Mr. Shailesh Kumar, AC to GP 5 For the BPSC :

Mr. Sanjay Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 13-08-2019 Heard the learned counsel for the parties.

The petitioner has sought a direction to the respondents to make necessary correction in the distribution of seats under various reserved categories of candidates belonging to SC, ST, OBC and EWS categories in the 65th Combined Preliminary Competitive Examination which is conduced by the Bihar Public Service Commission vide notification of the General Administration Department, Government of Bihar dated 26.02.2019.

Patna High Court CWJC No.15787 of 2019 dt.13-08-2019 2/3 It has been submitted on behalf of the petitioner that there has been a gross violation of 103rd constitutional amendment which provides for giving 10% reservation to such candidates belonging to economically weaker sections of society. The aforesaid constitutional amendment has not been given effect to while distributing the seats in various categories of reserved candidates.

A representation has also been made by the association known as All India Federation of SC/ST Organization on 19.07.2019 before the Additional Chief Secretary, General Administration Department, Government of Bihar, Patna.

The petitioner is directed to make a detailed representation before the Chief Secretary within a period of two weeks from today, who, on verification of all facts shall pass a reasoned order in accordance with law on such representation within a period of four weeks thereafter. It is expected that the relevant case laws, and the necessary

Patna High Court CWJC No.15787 of 2019 dt.13-08-2019 3/3 provision of the amendment of the Constitution shall be looked into before passing any order.

With the aforesaid direction/observation, the writ petition is disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.08.2019 Transmission Date