Chandan Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2776 of 2018 =========================================================== Chandan Kumar, Son of Ramanand Prasad, Resident of Village- Dumra, P.S.- Koanch, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Science & Technology, Department, Bihar, Patna.

2. The Secretary, Bihar Public Service Commission, Patna.

3. The Joint Secretary-cum-Examination Controller, Bihar Public Service Commission, Patna.

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

For the Petitioner/s : Mr. Sanjay Prasad, Advocate For the Respondent/s : Mr. H.S. Goldie, AC to GP6 For the Commission : Mr. Sanjay Pandey, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 04-05-2018 Heard learned counsel for the petitioner and the respondents.

2. The only issue raised in the present writ application is what was the category of reservation of the petitioner at the time of submission of application.

3. Learned counsel for the petitioner submits that on the date of submission of application the petitioner caste was categorized as Backward Class, but on the date of counseling his caste was notified in the Extremely Backward Class category and as such he submits that the respondent Commission is required to consider the candidature of the petitioner in EBC category.

Patna High Court CWJC No.2776 of 2018 dt.04-05-2018 2/2

4. The law in this regard is well settled, the Apex Court in the case of P. Mahendran & Ors. vs. State of Karnataka & Ors. reported in AIR 1990 SC 405 held out that the rule applicable on the date of submission of application will govern the case and in view of the above, the case of the petitioner was categorized as Backward Class category and as such the subsequent change in the category from Backward Class category to Extremely Backward Class category will not confer any benefit in the selection process as Extremely Backward Class category candidate.

5. The Court does not find any error in the decision of the Commission treating the petitioner in the Backward Class category, as on the date of submission of application, the caste of the petitioner was in the Backward Class category.

6. Accordingly, the writ application is dismissed, as there is no merit.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date09.05.2018 Transmission Date