Patna High Court
Lallan Kumar vs The State Of Bihar & Ors on 6 April, 2017
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.119 of 2016
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Lallan Kumar Son of Late Ram Bhajan Arya Resident of Village - Kasthua Koyari
Bigha, P.O. - Furhuria, P.S. - Paraiya, District - Gaya.
.... .... Petitioner
Versus
1. The State of Bihar.
2. The Principal Secretary, Govt. of Bihar, Patna.
3. The Secretary General Administration Department Govt. of Bihar, Patna.
4. The Bihar Public Service Commission Patna through the Chairman.
5. The Examination Controller, Bihar Public Service Commission, Patna.
.... .... Respondents
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Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Adv.
For the Respondent/s : Mr. Avinash Kumar, AC to SC15
For BPSC : Mr. Alok Chandra, Adv.
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL JUDGMENT
Date: 06-04-2017 Heard Mr. Vinod Kumar, learned counsel for the petitioner, Mr. Alok Chandra, learned counsel for the Bihar Public Service Commission and Mr. Avinash Kumar, AC to SC-15, for the State.
The petitioner seeks to apply the notification issued by the State Government to include the DANGI caste in the reserved category of Extremely Backward Class dated 1.7.2015 retrospectively so as to grant him benefit on his application filed on 30.9.2014 in response to 56th to 59th Combined Competitive Examination (Preliminary) conducted by the Bihar Public Service Commission.
Learned counsel for the Commission has informed that no doubt the inclusion has taken place but since it is subsequent to the examination notification, the conditions cannot be altered and it is the Patna High Court CWJC No.119 of 2016 dt.06-04-2017 2 law existing on that date which would govern the issue.
Having heard learned counsel for the parties, I am of the opinion that conformingly there is no substance in the prayer made on behalf of the petitioner which in substance seeks an alteration in the terms of the advertisement retrospectively. The writ petition is dismissed in limine.
(Jyoti Saran, J) Surendra/-
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