Patna High Court
The State Of Bihar vs Raj Bharti on 30 July, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1658 of 2019
In
Civil Writ Jurisdiction Case No.20091 of 2010
======================================================
1. The State of Bihar through the Chief Secretary, Govt.of Bihar, Patna
2. The D.G. cum I.G. of Police Patna
3. The D.I.G. of Police Champaran Range, East Champaran, Bettiah
4. The S.P. Bagaha, Distt.- Bagaha
5. The Principal Secretary General Administration Department, Govt.of Bihar,
Patna
... ... Appellant/s
Versus
Raj Bharti D/o Prabhu Prasad Resident of Village- Shikarpur, P.o.- D.K.
Shikarpur, Distt.- West Champaran, Bettiah
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. P.K. Shashi, AG
Mr. Yogendra Pd. Sinha, AAG7
Mr. Deepak Kumar, Advocate
Mr. Shankar Kumar, Advocate
Mr. Rakesh Ambasht, Advocate
Mr. Rajeev Kumar Sinha, Advocate
For the Respondent/s : Mr. Siya Ram Shahi, Advocate
Mr. Shally Kumari, Advocate
Mr. Abhishek Raj Kashyap, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 30-07-2025
The appellants have assailed the order of the
learned Single Judge dated 25.07.2019 passed in C.W.J.C. No.
20091 of 2010.
2. Among others, respondent - petitioner was
candidate for recruitment to the post of Police Constable
Patna High Court L.P.A No.1658 of 2019 dt.30-07-2025
2/5
pursuant to the advertisement for the Bagha (Police District).
116 posts were notified and 115 candidates were participated
and selected and appointed.
3. Respondent - petitioner was appointed on
19.06.2007
under the women backward class category and her
name appears at S.No. 4. Due to wrong application of
reservation policy to the extent that women backward classes
posts were reserved only 3. Therefore, name of respondent -
petitioner was required to be removed and followed by removal
from service. Feeling aggrieved and dissatisfied with the action
of the appellants, respondent - petitioner invoked remedy before
this Court in filing C.W.J.C. No. 20091 of 2010.
4. Core issue involved in the present lis is
application of reservation policy. After passing number of orders
from time to time, appellants have filed a supplementary
affidavit on behalf of the appellant no. 4 while furnishing
Annexure A and Annexure B series. From the perusal of the
same, it is evident that women backward class was wrongly four
posts were earmarked and it is contrary to reservation policy of
the State to the extent that women backward class could be only
three post.
5. Taking note of the same, the last selected
Patna High Court L.P.A No.1658 of 2019 dt.30-07-2025
candidates under backward class women - respondent her
services have been displaced. Among women backward classes,
three selected candidates are Deepa Kumari, (SC) - 11 marks
secured, Rinki Devi (ST) - 09 marks secured, Mithilish Verma
(BC)- 08 marks secured, whereas, respondent - petitioner has
secured 07 marks. Deepa Kumari even though SC candidate
who has scored 11 marks on par with Subodh Ram who has
been accommodated against 19th vacancy under Schedule Caste
category. He can not be disturbed in view of the fact that he is
entitled to consider his name under General category provided
he fulfilled requisite qualification and eligibility. In other words,
he is also entitled to claim under General Category and SC
category. Having regard to the marks secured by him, he has
been accommodated under SC category as a last selected
candidate. Deepa kumari has also secured 11 marks who was
also SC and she is entitled to claim her candidature under
general merit, SC and women backward class.
6. Having regard to the marks secured by her,
she has been accommodated in women backward class category
at S. No. 1. In this backdrop, respondent - petitioner has not
made out a case so as to accommodate her against women
backward class category. These material informations have not
Patna High Court L.P.A No.1658 of 2019 dt.30-07-2025
been apprised by the learned Single Judge while allowing the
writ petition. Hence, we are compelled to interfere with the
order of the learned Single Judge.
7. Accordingly, order dated 25.07.2019 passed in
C.W.J.C. No. 20091 of 2010 is set aside. Resultantly, writ
petition stands dismissed.
8. Letters Patent Appeal is allowed.
9. At this stage, learned counsel for the
respondent is relying on the following decisions of the Hon'ble
Supreme Court to re-classify the reservation and treat women
backward class as a horizontal reservation and it reads as
under :-
(I) Indira Sawhney Etc. Vs Union of India and
Others. Etc. reported in 1992 Suppl. (3) SCC 217.
(II) Rajesh Kumar Daria Vs Rajasthan Public
Service Commission and Others reported in (2007) 8 SCC 785.
10. The respondent - petitioner has failed to
assail the classification of reservation with reference to
advertisement. No doubt, advertisement stipulate that
reservation policy of the State would be followed, in that event,
the respondent - petitioner should have sought for material
information and how the social reservation classification has
Patna High Court L.P.A No.1658 of 2019 dt.30-07-2025
been made for the purpose of filling up of 116 posts including
General Category.
11. In the absence of challenge to such
reservation policy adopted by the State, the aforementioned
decisions cited on behalf of the respondent - petitioner has no
application. That apart, to accommodate respondent - petitioner,
one of the selected candidate has to be terminated. Such a last
candidate of the concerned category has not been arrayed as
necessary and proper party in the writ petition.
12. In view of these facts and circumstances, the
cited decisions have no application to the case in hand.
(P. B. Bajanthri, J)
(Alok Kumar Pandey, J)
alok/shahzad-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 05.08.2025.
Transmission Date N/A
