Citation : 2026 Latest Caselaw 321 Patna
Judgement Date : 6 February, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1373 of 2025
======================================================
1. Rajeev Ranjan S/o Shatrudhan Prasad, Resident of Village- Baldha, P.O.-
Damodarpur, Baldha, P.S.- Naganausa, District- Nalanda, Bihar- 801305.
2. Indrajeet Kumar S/o Kameshwar Pal, Resident of Village- Barorah, P.O-
Tineri, P.S- Guraru, District- Gaya, Bihar-824118.
3. Amit Kumar Pandey S/o Narayan Pandey, Resident of Village- Piro, P.O.-
Piro, P.S.- Piro, District- Bhojpur, Bihar- 802207.
4. Asgar Ali S/o Shamsuzzama, Resident of Village- Marar, P.O.- Marar, P.S-
Morkahi, District- Khagaria, Bihar- 851205.
5. Durgesh Kumar S/o Virendra Prasad, Resident of Village- Barorah, P.O-
Tineri, P.S- Guraru, District- Gaya, Bihar- 824118.
6. Upendra Kumar S/o Vijay Yadav, Resident of Village- Miragpur, P.O-
Kadhariya, P.S- Wazirganj, District- Gaya, Bihar- 823003.
7. Suman Saurav S/o Ramnandan Prasad, Resident of Village- Gurua, P.O-
Gurua, P.S- Gurua, District- Gaya, Bihar- 824205.
8. Amit Kumar s/o Arvind Kumar, Resident of Village- Rusulpur Korigawn,
P.O- Rusulpur Korigawn, P.S- Goraul, District- Vaishali, Bihar- 844114.
9. Raj Kumar Sharma S/o Basudeo Sharma, Resident of Village- Sekhpura,
P.O- Ghoshi, P.S- Ghoshi, District- Jehanabad, Bihar- 804406.
10. Pravesh Kumar S/o Keshar Yadav, Resident of Village- Marha Tola Tarwan,
P.O- Amarut, P.S- Dobhi, District- Gaya, Bihar- 824220.
11. Manish Kumar S/o Kameshwar Das, Resident of Village- Kumbhi, P.O-
Tilaiya, P.S- Bankey Bazar, District- Gaya, Bihar- 824217.
12. Ranjan Kumar S/o Parmeshwar Singh, Resident of Village- Anant Kamtaul,
P.O- Anant Kamtaul, P.S- Kurhani, District- Muzaffarpur, Bihar- 844120.
13. Chandramani Kumar S/o Surendra Prasad, Resident of Village- Balchand
Bigha, P.O- Hemara, P.S- Khizar Sarai, District- Gaya, Bihar- 824233.
14. Rakesh Kumar S/o Kameshwar Yadav, Resident of Village- Chaturi Bigha,
P.O- Tarari, P.S- Konch, District- Gaya, Bihar- 824207.
15. Atiqur Rahman S/o Motiour Rahman, Resident of Village- Mahawat Toli,
P.O- Bettiah, P.S.- Bettiah, District- West Champaran, Bihar- 845438.
16. Rupesh Ranjan Kumar S/o Rajendra Singh, Resident of Village- Khutahadih,
P.O- Khutahadih, P.S.- Barahiya, District- Lakhisarai, Bihar- 811302.
17. Sunil Kumar Paswan S/o Surendra Paswan, Resident of Village- Madhuwan
Dariyapur, P.O- Parsando, P.S- Haveli Kharagpur, District- Munger, Bihar-
811213.
18. Gautam Kumar s/o Ishwar Prasad, Resident of Village- Sarsaulla Khurd,
P.O- Sheohar, P.S- Sheohar, District- Sheohar, Bihar- 843329.
19. Vijay Kumar S/o Jamun Sah, Resident of Village- Chandpipar, P.O-
Chandpipar, P.S- Bhaptiyahi, District- Supaul, Bihar-852105.
20. Krishan Kumar S/o Devendra Ray, Resident of Village- Narepur West, P.O-
Bachhwara, P.S- Bachhwara, District- Begusarai, Bihar- 851111.
Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
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21. Ajay Kumar Ram S/o Tukar Ram, Resident of Village- Shekhpurwa, P.O-
Mahual Mahal, P.S- M.H. Nagar Hasanpura, District- Siwan, Bihar- 841240.
22. Md. Shamsher Alam S/o Md. Sami Alam, Resident of Village- Gogri, P.O-
Gogri, P.S- Gogri, District- Khagaria, Bihar- 851202.
23. Shashi Kumar S/o Brijnandan Saw, Resident of Village- Ambari, P.O.-
Ambari, P.S- Shekhopur Sarai, District- Shekhpura, Bihar- 811103.
24. Satnam Singh S/o Sukath, Resident of Village- Raghunathpur Tola Bilarua,
P.O- Rudalpur, P.S- Bhore, District- Gopalganj, Bihar- 841426.
25. Ankit Kumar S/o Brij Kishor Singh, Resident of Village- Rahimpur, P.O-
Parsa Bazar, P.S- Parsa Bazar, District- Patna, Bihar- 804453.
26. Dheeraj Kumar Mehta S/o Bechan Mehta, Resident of Village- Rampur
Dehru, P.O- Rahua, P.S- Bihariganj, District- Madhepura, Bihar- 852116.
27. Munna Kumar S/o Suraj Prasad Singh, Resident of Village- Hajipur, P.O-
Itadhiya, P.S- Dhansoj, District- Buxar, Bihar- 802117.
28. Pintu Kumar S/o Rameshwar Prasad, Resident of Village- Mataurha, P.O-
Nadaul P.S- Masaurhi, District- Patna, Bihar- 804454.
29. Rajesh Kumar S/o Jago Paswan, Resident of Village- Bagrasthansingh, P.O-
Bagras, P.S- Bakhri, District- Begusarai, Bihar-848201.
30. Dhiranjan Pal S/o Gurucharan Pal, Resident of Village- Ekariya, P.O- Utren,
P.S- Konch, District- Gaya, Bihar- 824207.
31. Danveer Kumar S/o Anandi Mandal, Resident of Village- Athagama, P.O-
Ghogha, P.S- Khalgaon, District- Bhagalpur, Bihar- 813205.
32. Tulsi Mandal S/o Bihari Mandal, Resident of Village- Dhouni, P.O-
Morama, P.S- Rajaun, District- Banka, Bihar- 813107.
33. Ajay Kumar Yadav S/o Kailash Yadav, Resident of Village- Budhauli, P.O-
Budhauli, P.S- Pakri Barawan, District- Nawada, Bihar- 805124.
34. Shubham Kumar Singh S/o Kumod Prasad Singh, Resident of Village-
Jagdishpur, P.O- Subhai, P.S- Rajapakar, District- Vaishali, Bihar- 844102.
35. Pappu Kumar S/o Harendra Yadav, Resident of Village- Mahadev Bigha,
P.O- Jamanganj, P.S- Makhdumpur, District- Jehanabad, Bihar- 804405.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Main Secretariat, Patna,
Bihar- 800015.
2. The Principal Secretary, General Administration Department, 1st Floor, Old
Secretariat Building, Rajbansi Nagar, Patna, Bihar- 800015.
3. Bihar Technical Services Commission, through its Chairman, 19, Harding
Road, Patna, Bihar- 800001.
4. Secretary-in-Charge, Bihar Technical Services Commission, 19, Harding
Road, Patna, Bihar- 800001.
... ... Respondent/s
======================================================
Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
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with
Civil Writ Jurisdiction Case No. 877 of 2025
======================================================
1. Somnath Patel S/o Sri Birendra Prasad, Resident of Village- Katrubigha,
P.O.-Bishai Bigha, P.S.- Parwalpur, District- Nalanda. PIN-801301.
2. Jyoti Prakash S/o Late Paltu Yadav Resident of Village- Chigri, P.O.- Chigri,
P.S.- Kusheshwar Asthan, District- Darbhanga, PIN-848213.
3. Ashok Kumar S/o Sri Satya Narayan Singh Resident of At- Narsingha, Post-
Rajur Rambhadrapur, Shivaji Nagar, P.S.- Hathauri, District- Samastipur.
PIN-848117.
4. Birendra Kumar S/o Late Ram Pukar Mandal Resident of Village- Ghiwahi,
P.O.- Parsa, P.S.- Hathauri at present Shivajinagar, District- Samastipur, PIN.
847105.
5. Sandeep Kumar Saxena S/o Sri Rameshwar Sahni Resident of Village-
Malahi Tola, P.O.- Ramgarhwa, P.S.- Ramgarhwa, District- East Champaran,
PIN-845433.
6. Rahul Kumar S/o Sri Satyendra Sharma Resident of Village- Kauri, P.O.-
Dahiya, P.S.- Khirimore, Anchal- Paliganj, District- Patna, PIN-801110.
7. Prince Kumar Singh S/o Sri Srikant Singh Resident of Village- Sultanpokhar
Kalimander, Ward No. 02, P.O.- Forbesganj, P.S. and Anchal- Forbesganj,,
District- Araria, PIN-854318.
8. Avinash Kumar Singh S/o Sri Binod Kumar Singh Resident of Village and
Post- Dindayalpur, P.S.- G.B. Nagar, District- Siwan, PIN-841506.
9. Ram Pravesh Singh S/o Sri Lakshmi Singh Resident of Village Post-
Madarna @ Gopinathpur, P.S.- Vaishali, District- Vaishali, PIN-844113.
10. Mahtab Alam S/o Sri Fasi Ahmad Resident of Village and Post-
Mohammadpur Koari, Ward No. 08, P.S. Waini, Anchal Pusa, District-
Samastipur, PIN- 848131.
11. Mayank Shrivastava S/o Sri Manoj Kumar Resident of Village Mahamadpur
Badan, Post- Repura Mahadeo, P.S. and Anchal Paroo, District-
Muzaffarpur, PIN-843107.
12. Manoj Kumar S/o Sri Ambika Prasad Resident of Village- Badahra, Post and
P.S.- Gopalpur, District- Gopalganj, PIN-841503.
13. Amrendra Kumar S/o Sri Tribhuwan Yadav Resident of Village- Aura, Post-
Shankarpur, P.S.- Rosera, District- Samastipur, PIN-848117.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Building
Construction Department, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Rural Works Department, Govt. of Bihar,
Patna.
3. The Additional Chief Secretary, Planning and Development Department,
Govt. of Bihar, Patna.
4. The Additional Chief Secretary, Urban Development and Housing
Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
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Department, Govt. of Bihar, Patna.
5. The Additional Chief Secretary, Public Health and Engineering Department,
Govt. of Bihar, Patna.
6. The Additional Chief Secretary, Water Resources Department, Govt. of
Bihar, Patna.
7. The Additional Chief Secretary, Road Construction Department, Govt. of
Bihar, Patna.
8. The Additional Chief Secretary, Minor Water Resources Department, Govt.
of Bihar, Patna.
9. The Chairman, Bihar Technical Service Commission, 19, Harding Road,
Patna.
10. The Secretary, Bihar Technical Service Commission, 19, Harding Road,
Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 4360 of 2025
======================================================
1. Satpal Kumar Sahu Son of Ram Briksha Sahu, Resident of Village and P.O-
Tirhuta, P.S- Babubarhi, District- Madhubani,
2. Raju Kumar Son of Ramparvesh Prasad, resident of Village and P.O and P.S-
Asthawan, District-Nalanda
3. Rakesh Ranjan Sinha S/O Rajendra Prasad Sinha, R/O Village -
Kutwanchak, Jamanganj, PS- Vishnuganj, District - Jehanabad
4. Ajeet Kumar S/O Umesh Prasad, R/O Village - Ahiyasa, PO -
Mohiuddinpur, PS-Ghosi, District - Jehanabad
5. Jyoti Prabhakar Raman @ Raman S/O Shivnandan Prasad, R/O Village -
Asiya, PO - Kedli Patti, PS-Nauhatta, District - Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, General
Administration Department, Government of Bihar, Patna
2. The State of Bihar through its Additional Chief Secretary, Planning and
Development Department, Government of Bihar, Patna
3. The Additional Chief Secretary, Urban Development and Housing
Department, Government of Bihar, Patna
4. The Additional Chief Secretary, Rural Works Department, Government of
Bihar, Patna
5. The Additional Chief Secretary, Public Health and Engineering Department,
Government of Bihar, Patna
6. The Additional Chief Secretary, Building Construction Department,
Government of Bihar, Patna
Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
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7. The Additional Chief Secretary, Water Resource Department, Government of
Bihar, Patna
8. The Additional Chief Secretary, Road Construction Department Government
of Bihar, Patna
9. The Additional Chief Secretary, Minor Water Resource Department,
Government of Bihar, Patna
10. The Chairman, Bihar Technical Service Commission, 19 Harding Road,
Patna
11. The Secretary, Bihar Technical Service Commission, 19 Harding Road
Patna,
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 5463 of 2025
======================================================
Arvind Kumar Yadav S/o Sri Tribhuwan Yadav, Resident of Village-Aura,
P.O.-Shankarpur, Block-Shivaji Nagar, P.S.-Rosera, District-Samastipur, PIN-
848117.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Building
Construction Department, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Water Resources Department, Govt. of
Bihar, Patna.
3. The Additional Chief Secretary, Road Construction Department, Govt. of
Bihar, Patna.
4. The Chairman, Bihar Technical Service Commission, 19, Harding Road,
Patna.
5. The Secretary, Bihar Technical Service Commission, 19, Harding Road,
Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 11177 of 2025
======================================================
1. Sugriw Ray Son of Pahawari Ray, Resident of Village- Motipur Mauawan,
P.S.- Kateya, District- Gopalganj.
2. Murli Kumar, Son of Ashok Kumar, Resident of Village- Nawada,
P.S.-,District- Gopalganj.
3. Manish Bhardwaj, Son of Bharat Chandra Mishra, Resident of Village-
Sirisiya, P.S.- Kuchayot, District- Gopalganj.
... ... Petitioner/s
Versus
Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
6/34
1. The State of Bihar through its Additional Chief Secretary, Building
Construction Department, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Rural Works Department, Govt. of Bihar,
Patna.
3. The Additional Chief Secretary, Planning and Development Department,
Govt. of Bihar, Patna.
4. The Additional Chief Secretary, Urban Development and Housing
Department, Govt. of Bihar, Patna.
5. The Additional Chief Secretary, Public Health and Engineering Department,
Govt. of Bihar, Patna.
6. The Additional Chief Secretary, Water Resource Department, Govt. of Bihar,
Patna.
7. The Additional Chief Secretary, Road Construction Department, Govt.of
Bihar, Patna.
8. The Additional Chief Secretary, Minor Water Resources Department, Govt.
of Bihar, Patna.
9. The Chairman, Bihar Technical Service Commission, 19, Harding Road,
Patna.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 1373 of 2025)
For the Petitioner/s : Ms. Nivedita Nirvikar,
Sr. Advocate
Mr. Shashank Shekhar, Advocate
Mr. Arya Achint, Advocate
For the State : Mr. Pratik Kumar Sinha, AC to GA-5
For the BTSC : Mr. Nikesh Kumar, Advocate
Mr. Praveen Tiwari, Advocate
(In Civil Writ Jurisdiction Case No. 877 of 2025)
For the Petitioner/s : Mr. Alok Kumar, Advocate
Mr. Pranav Kumar, Advocate
Mr. Rishabh Kumar Maurya, Advocate
For the State : Mr. Anwar Karim, AC to GP-10
For the BTSC : Mr. Nikesh Kumar, Advocate
Mr. Praveen Tiwari, Advocate
(In Civil Writ Jurisdiction Case No. 4360 of 2025)
For the Petitioner/s : Mr. Krishna Kant Pandey, Advocate
Mr. Vikash Kukmar Shukla, Advocate
For the State : Mr. Sarvesh Kumar Singh, AAG-13
Mr. Abhinav Alak, AC to AAG-13
For the BTSC : Mr. Nikesh Kumar, Advocate
Mr. Praveen Tiwari, Advocate
(In Civil Writ Jurisdiction Case No. 5463 of 2025)
For the Petitioner/s : Mr. Alok Kumar, Advocate
Mr. Pranav Kumar, Advocate
Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
7/34
Mr. Rishabh Kumar Maurya, Advocate
For the State : Mr. Vikash Kumar, SC-11
For the BTSC : Mr. Nikesh Kumar, Advocate
Mr. Praveen Tiwari, Advocate
(In Civil Writ Jurisdiction Case No. 11177 of 2025)
For the Petitioner/s : Mr. Shashi Ranjan Kumar
For the Respondent/s : Mr. Standing Counsel (04)
For the BTSC : Mr. Nikesh Kumar, Advocate
Mr. Praveen Tiwari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
CAV JUDGMENT
Date: 06-02-2026
1. All the above writ petitions raise the same
and identical issue in the matter of selection to the post of
Junior Engineer, so far as it relates to filling up of vacancies by
way of horizontal reservation for handicapped candidates and
relaxation in fitness criteria if sufficient number of candidates
from this category are not available.
2. This Court proposes refer to the facts of
C.W.J.C. No. 1373 of 2025 taking it as a leading case and the
same fact is declared to be applicable in respect of the
remaining writ petitions under consideration.
3. In C.W.J.C. No. 1373 of 2025, the writ
petitioners are 35 in number. Similarly, there are 13 petitioners
in C.W.J.C. No. 877 of 2025. In C.W.J.C. No. 4360 of 2025,
there are 5 writ petitioners. C.W.J.C. No. 5463 of 2025 is filed
by only one writ petitioner. And there are 3 writ petitioners in
C.W.J.C. No. 11177 of 2025.
Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
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4. C.W.J.C. No. 1373 of 2025 is filed by the
petitioners, praying for the following reliefs: -
i. For appropriate
order/orders or
direction/directions in the nature
of writ of certiorari for quashing
the Final Merit List published on
20.12.2024
by the Bihar Technical Services Commission in as much as it is in violation of the principles and provisions of Rights of Persons with Disabilities Act and as such same is discriminatory, illegal, irrational and arbitrary;
ii. For appropriate order/orders or direction/directions in the nature of writ of mandamus for an absolute reservation of 4% of total posts in favour of persons with disabilities and all sub-categories that are covered within its ambit and not allow for arbitrary carry forward of posts to unreserved category for subsequent recruitment;
iii. For appropriate
order/orders or
Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
direction/directions in the nature of writ of mandamus for consideration of all petitioners for the posts advertised vide Advertisement No. 01/19 under the category of Persons with Disabilities;
IV. pass any other order/orders as deemed fit and appropriate by this Court.
5. In the other writ petitions, the relief prayed
for are almost similar and identical, though construction of the
same are little different for which the main purpose of filing of
the writ petitions has not been altered or changed.
6. With the introduction, let me describe the fact
of C.W.J.C. No. 1373 of 2025 and other writ petitions.
7. In all the writ petitions, the petitioners are
Diploma holders in Civil Engineering from different
institutions, recognized by All India Council for Technical
Education (hereinafter referred to as "AICTE" for short). As
per the provisions contained in Rights of Persons with
Disabilities Act, 2016 (hereinafter referred to as "2016 Act" for
short), more particularly following the provisions contained in
Section 34 of the 2016 Act, the General Administration
Department issued Resolution No. 13062, dated 12th of Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
October, 2017, stipulating reservation for persons with
disabilities in appointment to Government Services to allow 4
per cent horizontal reservation for persons with disabilities in
all posts and services of the State Government. The aforesaid
resolution dated 12th of October, 2017 states as follows: -
(ix) Where in any recruitment year a vacancy against a post under section 34 of the Rights of Persons with Disabilities Act, 2016 cannot be filled due to non-availability of a person with disability as aforesaid or for any other sufficient reason, it may be filled by interchange between the four categories in the same transaction and only if no person with disability is available for the post in that year, the employer shall fill the vacancy by appointing a person other than a person with disability, hereinafter referred to as the vacancy shall not be carried forward to the next year.
(xvii) Horizontal
reservation for handicapped
candidates: The proposed 4%
reservation (1% for each
Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
category) for handicapped candidates is horizontal reservation and the selected handicapped candidates will be adjusted in the corresponding category to which they belong (Reserved / Non-reserved).
Adjustment of the selected handicapped candidate will be done against the last roster point used in that transaction.
If no vacancy is available for the selected handicapped candidate in that transaction, then such candidate will be adjusted against the vacancy that will be available in future. (xviii) Relaxation in fitness criteria: For persons with disabilities, if sufficient number of candidates from this category are not available on the basis of general criteria to fill all the reserved vacancies, then candidates from this category should be selected by relaxing the criteria to fill the remaining vacancies reserved for them, provided they are not unsuitable for such post or posts.
Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
8. It is further stated by the petitioners that there
are four categories of persons with disabilities; they are
Orthopedically Handicapped (OH), Visually Handicapped
(VH), Hearing Handicapped (HH) and Mentally Handicapped
(MH). The provisions for 4 per cent horizontal reservation is
applicable to entire categories of persons with disabilities
wherein each sub-category has been given the benefit of 1 per
cent reservation. The resolution, dated 12th of October, 2017
further states that in case a particular category within the entire
umbrella of reservation for the persons with disabilities goes
unfilled, then the candidates from other categories of persons
with disabilities may be selected for the same. On the basis of
resolution, dated 12th of October, 2017, the Bihar Technical
Service Commission (hereinafter referred to as "BTSC" for
short) invited applications for regular appointment to 6379 post
of Junior Engineers (Civil / Mechanical / Electrical) in
different departments of the Government of Bihar, vide
Advertisement No. 1 of 2019, dated 8th of March, 2019. There
were no specific provisions in the advertisement with regard to
allotment of posts to persons with disabilities (PwD) category.
Subsequently, in course of continuation of the process of
recruitment under Advertisement No. 01 of 2019, the General Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
Administration Department issued Resolution No. 962, dated
22nd of January, 2021, regarding inclusion of multiple
disabilities in appointment to State Services. The subject matter
of the resolution, dated 22nd of January, 2021 is as follows: -
fo"k;%& fnO;kaxtu vf/kdkj vf/kfu;e] 2016 ds vUrxZr jkT;k/khu lsokvksa dh fu;qfDr ,oa mPp 'kS{kf.kd laLFkkuksa ds ukekadu esa cgq&fnO;kaxrk dks lfEefyr djus rFkk fnO;kaxtu vf/kdkj vf/kfu;e] 2016 ds izko/kkuksa dks dsUnzh; fnO;kaxtu vf/kdkj vf/kfu;e] 2016 ds vu:i djus ds laca/k esaA Subject:- Regarding inclusion of multiple disabilities in appointment to State services and admission to higher educational institutions under the Rights of Persons with Disabilities Act, 2016 and to make the provisions of the Rights of Persons with Disabilities Act, 2016 consistent with the Central Rights of Persons with Disabilities Act, 2016.
9. Clause - 9 of the said resolution states as Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
follows: -
¼9½ fnO;kaxtu vf/kdkj vf/kfu;e] 2016 dh /kkjk 34 ¼2½ ds vkyksd esa tgka dksbZ fjfDr fdlh HkrhZ o"kZ esa mi;qDr lanfHkZr fnO;kaxtu dh xSj&miyC/krk ds dkj.k ;k dksbZ vU; i;kZIr dkj.k ls Hkjh ugha tk ldsxh ,slh fjfDr xSj vkjf{kr oxZ esa d.kkafdr djrs gq, i'pkRorhZ HkrhZ o"kZ esa vxzf.kr gksxh vkSj i'pkRorhZ HkrhZ o"kZ esa Hkh mi;qDr lanfHkZr fnO;katu miyC/k ugha gksrk gS] rks igys ;g ikap izoxksZa esa ls vnyk&cnyh }kjk gks ldsxh vkSj dsoy tc mDr o"kZ esa Hkh in ds fy, fnO;kaxtu miyC/k ugha gksrk gS] rks fu;ksDrk fdlh fnO;katu ls fHkUu fdlh O;fDr dh fu;qfDr }kjk fjfDr dks Hkj ldsxk% Meaning thereby, that in light of section 34 (2) of the Rights of Persons with Disabilities Act, 2016, where a vacancy cannot be filled in any recruitment year due to non-
availability of a person with disability of the above mentioned category or for any other sufficient reason, such vacancy shall be carried forward to the subsequent recruitment year by being marked in the non-reserved category and if a person with disability of the above mentioned category is not available in the subsequent recruitment year also, then it may be done by interchange among the five categories and only when a person with disability is not available for the post in the said year also, the employer may fill the vacancy by appointing a person other than a person with disability:
Provided that if the nature of Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
vacancies in an establishment is such that persons belonging to the given categories cannot be employed, the vacancies may be interchanged among the five categories with the prior approval of the appropriate Government.
10. In accordance with the provisions of Section
34(2) of the Right of Persons with Disabilities Act, 2016, if any
vacancy cannot be filled in any recruitment year due to non-
availability of a person with disability referred to above or for
any other sufficient reason, such vacancy shall be carried
forward to the subsequent recruitment year by being designated
in the non-reserved category and if in the subsequent
recruitment year also a person with disability, referred to
above, is not available, then it may be done by interchange
among the five categories first, and only if in the said year also
a person with disability is not available for the post, then the
employer may fill the vacancy by appointing a person other
than a person with disability, subject to the provision that if the
nature vacancies in an establishment is such that persons
belonging to the given categories cannot be employed, the
vacancies may be interchanged between the five categories
with the prior approval of the appropriate Government. Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
11. It is contended by the petitioners that the
above provisions introduced vide Resolution No. 962, dated
22nd of January, 2021 were entirely contrary to the provisions
given in the earlier resolution, dated 12th of October, 2017. The
new resolution completely changed the procedure of allotment
of posts within the category of PwD by allowing the unfilled
vacancy from a particular sub-category to be transferred to the
unreserved category without considering other candidates
within the different identified sub-categories.
12. The grievance of the petitioners is that the
BTSC published the merit-list on 2nd of April, 2022. In the said
merit-list, it was observed that there was a total 218 posts
reserved for the PwD category. Each sub-category had been
given a certain number of posts, depending on the requirement
of different departments. However, unfilled or left-over seats of
visually handicapped, hearing handicapped and mentally
handicapped categories which had fewer selections than the
allotted seats had been transferred to the orthopedically
handicapped (OH category). As per the following table:-
Sub-Category Total Number of
under PwD Vacancies selected
Category candidates
Orthopedically 55 140
Handicapped
Visually 56 36
Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
Handicapped
Handicapped
Handicapped Total 218 218
13. It is alleged by the petitioners that the posts
have not been allotted in the above merit-list on the basis of the
resolution dated 12th of October, 2017, which was in operation
on the date of advertisement. In the absence of any provision
with respect to the allotment of posts in various sub-categories
of PwD in the advertisement, the provision of the resolution
which had been published in the official gazette would be
applicable to the candidates applying for the various posts of
Junior Engineers under the said category. This manner of
allotment ensure that total 218 posts being 4 per cent of the
vacancies, horizontal reservation for persons with disabilities
was not reduced or watered down in any way and remained
within the category by adjusting within the sub-categories.
BTSC published the final select list on 19th of April, 2022.
However, the resolution was not published in view of an order
of stay passed by this Court in C.W.J.C. No. 7761 of 2022 on
1st of December, 2022.
14. The petitioners also contends that the
subsequent decision of the respondent to scrap the entire Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
advertisement and ensuing process, some of the candidates
moved the Hon'ble Supreme Court and by its order, dated 4 th of
October, 2024 in the case of Shashi Bhushan Prasad Singh v.
State of Bihar & Ors. (Civil Appeal No. 11030 of 2024),
arising out of S.L.P. (Civil) No. 7257 of 2013), the Hon'ble
Supreme Court held that the scrapping of entire selection
process is not permissible, specially in the light of the
prolonged pendency of the issue and the ensuing rising
vacancies in the State affecting its functioning. The Hon'ble
Supreme Court was pleased to direct the Respondents to
proceed with the fresh select list submitted in compliance with
the order, dated 19th of April, 2022 in C.W.J.C. No. 7312 of
2021, which has attained finality taking into consideration, as
far as possible, the interest of the candidates who were found
successful.
15. It is further contended that as directed by the
Hon'ble Supreme Court, the respondents published a final
merit-list on 20th of December, 2024, on perusal of which it is
found that the BTSC had given the resolution dated 12 th of
October, 2017, a complete go-bye and unlawfully applied the
resolution, dated 22nd of January, 2021. The effect of applying
the resolution, dated 22nd of January, 2021 was that the Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
vacancies within the category of PwD remaining unfilled in a
particular category were not filled up by adjusting from within
the sub-categories. In fact, the unfilled vacancies had been
carried forward to the unreserved category to be filled in the
subsequent year. The candidates in PwD category have further
been split into 60 per cent and 40 per cent of those belonging to
the open category and Bihar Government Polytechnic
Category, respectively. This has been done under the orders of
this Court. A total 130 posts out of 218 posts have been kept
aside for the open category within the 60 per cent
classification, only 92, out of the 130 posts have been filled.
One seat has been kept reserve as per the orders of this Hon'ble
Court and rest 37 posts have been unlawfully carried forward
to the next year under unreserved category. In the 40 per cent
category, only 23 out of 88 posts have been filled and
remaining 65 seats have again been carried forward to the next
year in the unreserved category.
16. The petitioners further alleged that by
applying 2021 resolution, the respondents have purposefully
changed the rule of the game during ongoing recruitment
process. Resolution No. 13062 of 2017 cannot be replaced by a
subsequent resolution of 2021 when the process of recruitment Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
had already been started in the year 2019.
17. The petitioners in C.W.J.C. No. 1373 of
2025 are candidates belonging to the orthopedically
handicapped category who are eligible under the provisions of
the Resolution No. 13062 of 2017 to be considered against the
unfilled vacancies of the other sub-categories of persons with
disabilities.
18. Being aggrieved against the decision of the
respondents and the final select list, they had filed the instant
writ petition for reliefs stated above.
19. Respondent Nos. 3 and 4 BTSC and the
Secretary, Incharge of the BTSC filed a counter affidavit
against the writ petition, denying all the allegations made out in
the instant writ petition.
20. It is contended on behalf of the BTSC that
in view of the provisions contained in Bihar Technical Service
Commission Selection Procedure Rule, 2018, the Commission
is obliged under law to follow directions and instructions of the
State Government as well as the requisitionists department
while conducting any selection process in Technical Service in
the State of Bihar. The State Government nominated the Water
Resources Department as Nodal Department for recruitment of Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
the Junior Engineers and the present recruitment process was
initiated under Bihar Water Resources Department Sub-
ordinate Engineering (Civil) Cadre Recruitment Rules, 2015,
which was later amended by Ordinance No. 3950, dated
07.01.2017 in the name of Bihar Water Resources Department
Sub-ordinate Engineering (Civil) Cadre Recruitment
(Amended) Rules, 2017.
21. It is further submitted by the answering
respondents that the Advertisement No. 1 of 2019 for the post
of Junior Engineers was published in consonance with the
Rules framed by the State Government by virtue of its power
under Article 309 of the Constitution of India after being vetted
by the Water Resources Department.
22. In their counter affidavit, the respondents
also state that the final result was published by the Commission
on 20th of December, 2024/24th of December, 2024 in
compliance with the direction passed by the Hon'ble Supreme
Court in SLP (Civil) No. 7257 of 2023.
23. The respondents further state that by
following the resolution dated 22nd of January, 2021 regarding
the procedure for recruitment and horizontal reservation of
PwD candidates, the BTSC did not change the rule of game as Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
alleged by the petitioners. Clause 2(ix) of the resolution dated
12th of October, 2017 states that the appointments of physically
handicapped persons have to be made in accordance with
Section 34 of the 2016 Act. The resolution, dated 22 nd of
January, 2021 only elaborates the procedure, contained in
Section 34 of the 2016 Act for the purpose of selection.
Therefore, the 2021 resolution is in the nature of
supplementary resolution of 2017 explaining the process of
recruitment of PwD candidates following Section 34 of the
Act.
24. Respondent No. 2, being the Principal
Secretary, General Administration Department, Government of
Bihar has also filed a counter affidavit through the Under
Secretary, General Administration Department, narrating the
same fact as contended by BTSC.
25. This is all about pleadings in C.W.J.C. No.
1373 of 2025.
26. The petitioners of C.W.J.C. No. 1373 of
2025 comes under Orthopedically Handicapped category (OH).
27. The petitioners of C.W.J.C. No. 877 of 2025
also belong to Orthopedically Handicapped category (OH).
28. The petitioners of C.W.J.C. No. 4360 of Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
2025 are also in Orthopedically Handicapped category (OH).
29. The petitioner of C.W.J.C. No. 5463 of 2025
comes under Hearing Handicapped Category (HH).
30. The petitioners of C.W.J.C. No. 11177 of
2025 comes under Orthopedically Handicapped category (OH).
31. This Court has given its anxious
consideration to the rival submissions advanced on behalf of
the parties, perused the pleadings, counter affidavits,
rejoinders, interlocutory applications, supplementary affidavits,
and the documents annexed thereto, as also the statutory
provisions and executive resolutions, governing the field.
32. Upon hearing learned counsel for the parties
and upon perusal of the pleadings and materials available on
record, the following issues arise for consideration in the
present batch of writ petitions:
(i) Whether
Resolution No. 13062, dated
12.10.2017, issued by the State
Government and the recruitment
process undertaken, pursuant
thereto, are in conformity with the
statutory scheme, contained in
Section 34(2) of the Rights of
Persons with Disabilities Act, 2016?
(ii) If the answer to Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
the aforesaid issue is in the negative, whether any enforceable legal right survives in favour of the petitioners so as to warrant issuance of a writ of mandamus in exercise of jurisdiction under Article 226 of the Constitution of India?
33. The right of persons with benchmark
disabilities in matters of public employment is governed by the
provisions of the Rights of Persons with Disabilities Act, 2016,
which is a Central legislation enacted by Parliament. Section
34 of the Act of 2016 provides for reservation in employment
for persons with benchmark disabilities and prescribes the
statutory framework within which such reservation is to be
implemented.
34. Sub-section (2) of Section 34 lays down the
manner in which vacancies reserved for persons with
benchmark disabilities are to be dealt with in the course of
recruitment. The said provision forms part of the statutory
mandate and constitutes the governing norm in relation to
reservation for persons with disabilities in public employment.
Sub-section (3) of Section 34 empowers the appropriate
Government to issue notification providing for relaxation in Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
upper age limit and other concessions in favour of persons with
benchmark disabilities, as it may consider appropriate.
35. Section 2(b) of the Act defines "appropriate
Government". In relation to establishments under the "State
Government", the "State Government" is the appropriate
Government for the purposes of issuing notifications under the
Act of 2016. Thus, while the State Government is empowered
to grant relaxation in age and other permissible concessions, it
does not possess authority to alter or modify the manner of
recruitment prescribed under Section 34(2) of the Act of 2016.
36. In this background, the Court has examined
Resolution No. 13062, dated 12.10.2017, which forms the basis
of the recruitment process under consideration. The moot
question is whether the manner of recruitment notified under
the said Resolution conforms to the statutory mandate,
contained in Section 34(2) of the Act of 2016.
37. On a plain reading of the Resolution, dated
12.10.2017 and upon comparison with the statutory scheme
under Section 34(2), it appears that the said Resolution does
not strictly adhere to the manner of recruitment contemplated
under the Act of 2016. The Resolution introduces a recruitment
methodology which does not fully align with the statutory Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
framework enacted by Parliament. Since the statute occupies
the field, any executive instruction or resolution must conform
strictly to the statutory provisions and cannot operate in
deviation thereof.
38. The limits of delegated legislation are well
settled. In Rajnarain Singh v. Chairman, Patna
Administration Committee, reported in AIR 1954 SC 569, the
Hon'ble Supreme Court held that although delegation of
legislative power is permissible, the delegatee cannot alter the
essential policy or features of the parent statute and any
modification affecting the statutory scheme would be ultra
vires. Executive instructions or resolutions must, therefore,
operate strictly within the statutory framework and cannot
travel beyond it.
39. It is well settled that executive instructions
cannot override statutory provisions and must yield to the
parent enactment. The Hon'ble Supreme Court in Sant Ram
Sharma v. State of Rajasthan, reported in AIR 1967 SC 1910,
has held that the Government cannot amend or supersede
statutory rules by administrative instructions.
40. Similarly, in State of Tamil Nadu v. P.
Krishnamurthy, reported in (2006) 4 SCC 517, it has been Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
held that delegated or executive instructions are liable to be
invalidated if they run contrary to the parent statute.
41. The subsequent Resolution issued in the
year 2021 has been described by the respondents as
clarificatory or supplementary in nature. However, once the
foundational resolution itself is found not to be in strict
conformity with the statutory mandate under Section 34(2), the
entire recruitment process undertaken on the basis of such
framework becomes legally vulnerable.
42. The Court is conscious of the fact that the
recruitment process in question has undergone several stages
and that select lists have been prepared from time to time.
However, if the very basis of recruitment is not in consonance
with the governing Statute, the Court cannot undertake the
exercise of restructuring or reconstructing the selection
process. In exercise of jurisdiction under Article 226 of the
Constitution of India, this Court is not expected to assume the
role of a recruiting authority or to redesign the selection
mechanism.
43. The Hon'ble Supreme Court in State of U.P.
v. Rajkumar Sharma, reported in (2006) 3 SCC 330, has held
that if the selection process is vitiated, the entire selection has Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
to go and it is not for the Court to undertake the exercise of
preparing a fresh select list or rearranging the merit. It is
equally well settled that even a successful candidate does not
acquire an indefeasible right of appointment.
44. In Shankarsan Dash v. Union of India,
reported in (1991) 3 SCC 47, the Hon'ble Supreme Court has
held that a candidate included in a select list does not acquire
any indefeasible right of appointment and no mandamus can be
issued in absence of a subsisting legal right.
45. It is, thus, evident that where the statutory
foundation of the recruitment process itself is found to be
inconsistent with the governing law, no enforceable right
accrues in favour of any candidate seeking appointment
pursuant to such process. In such a situation, this Court cannot
direct continuation or modification of a recruitment process,
which is not strictly in conformity with the statutory mandate.
46. In view of the discussions made
hereinabove, this Court is of the considered opinion that
Resolution No. 13062, dated 12.10.2017, forming the basis of
the recruitment in question, does not strictly conform to the
statutory scheme contained in Section 34 (2) of the Rights of
Persons with Disabilities Act, 2016. Consequently, the Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
recruitment process undertaken pursuant thereto cannot be
sustained in its present form.
47. Once the foundational framework of
recruitment is found to be legally inconsistent with the
governing Statute, the selection process becomes suspect. In
these batch of writ petitions, the writ petitioners have claimed
for appropriate order/orders, direction/directions in the nature
of writ of certiorari for quashing the final merit-list published
on 20th of December, 2023 by the Bihar Technical Service
Commission inasmuch as it is in violation of the principles and
provisions of Rights of Persons with Disabilities Act. The
Clauses 2 (viii) and (ix) of the 2017 Resolution lays down the
process of recruitment of person with disabilities in
reservation. The above-mentioned provisions are quoted
below: -
(viii) ततकालीन कारररक एवं प्रशासरनक सु धार रवभाग समप्ररत सारानय प्रशासन रवभाग, रबहार, पटना दारा प्रावधारनत आदशर रोसटर के आलोक
रे उ D त रदवयां गो को रनEukaa रकत श्रखृं ला के अनतगरत आरकण दे य होगा:-
(क) द`रषट रदवयां गता - रोसटर रबनदु-01 से 25 तक = 01 पद
(ख) रूक बरधर रदवयां गता - रोसटर रबनदु-26 से 50 तक = 01 पद
(ग) चलन रदवयां गता - रोसटर रबनदु-51 से 75 तक = 01 पद।
(घ) रनोरवकार रदवयां गता - रोसटर रबनदु-76 से 100 तक = 01 पद
।
Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
यरद रकसी सरवयहार रे रोसटर रबनदु- 13 तक वयवहत हो रहा हो तथा उसके रवरद आरकण के आधार पर द`रषट रदवयां गता से ग्ररसत एक उमरीदवार चयरनत हो जाता है , तो अगले रोसटर रबनदु-25 तक रकसी अनय द`रषट रदवयां ग उमरीदवार हे तु आरकण दे य नहीं होगा। इसी क् रर रे रोसटर रबनदु-38,
63 एवं a 88 तक क् ररशः रूक बरधर रदवयां ग, चलन रदवयां ग एवं रनोरवकार रदवयां ग उमरीदवार चयरनत हो जाते है , तो क् ररशः रोसटर रबनदु-50, 75 एवं 100 तक अनय रदवयां ग उमरीदवार हे तु आरकण दे य नहीं होगा।
परनतु यरद रकसी सथापना रे रररकतयो की प्रकृरत ऐसी हो रक रकसी रनरशचत प्रवगर के उमरीदवार को रनयोरजत नहीं रकया जा सकता है , तो
रररकत;kWa सरकार के पूवर अनु रोदन से चारो प्रव XkksZa के बीच परसपर पररवरतरत की जा सकेगी।
रकसी से वा सं वगर रे की गई रनयु रकत प्रोननरत के तु रं त बाद अलग रोसटर पं जी रे उसकी प्ररवरषट की जाये गी और रदवयां गता से ग्रसत उपयु रकत चारो श्रेरणयो के रजस वयरकत की रनयु रकत / प्रोननरत रजस रोसटर रबनदु के रवरद की गई है , वहां उनकी प्ररवरषट की जाय और अमयु रकत कॉलर रे सपषट रप से उलले ख रकया जाये गा रक इनकी रनयु रकत / प्रोननरत रदवयां ग कोरट के अनतगरत की गई है (रदवयां गता से ग्ररसत अभयरथरयो के रलए आरकण रोसटर प्रपत्र सलगन)।
(ix) जहाँ रकसी भतीर वरर रे रदवयां गजन अरधकार अरधरनयर, 2016 की धारा 34 के अधीन रकसी रररकत के रवरद उपयु रकत रदवयां ग वयरकत की अनु पलबधता के कारण या रकनहीa अनय पयारपत कारण से भरा नहीं जा सकता है , तो इसे उसी
सरवयवहार रे चारो प्रव xksZa के बीच परसपर पररवतरन Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
दारा भरा जा सकेगा और केवल तभी जब उस वरर रे पद के रलए कोई रदवयां ग वयरकत उपलबध नहीं है , रनयोजक रदवयां ग वयरकत से रभनन रकसी अनय वयरकत की रनयु रकत करके रररकत को भरे गा, वहां ऐसी रररकत अगले वरर रे अग्ररणत नहीं की जाये गी।"
48. The plain reading of the aforesaid provision
states that if candidates with particular disability as stated in
Clause-(viii) is not available, the said vacancy can be filled up
with the prior permission of the Government by interchanging
the successful categories belonging to the persons with
disability.
49. It further states in Clause-(ix) that where in
any recruitment year, a vacancy cannot be filled up under
Section 34 of the Rights of Persons with Disabilities Act, 2016
due to non-availability of the person with disability mentioned
above or for any other sufficient reason, it may be filled up by
interchange between the four categories in the same transaction
and only if no person with disability is available for the post in
that year, the employer shall fill up the vacancy by appointing a
person other than a person with disability, where such vacancy
shall not be carried forward to the next year.
50. Section 34 (2) of the Rights of Persons with
Disabilities Act, 2016 runs thus: -
"34. (2) Where in any recruitment year Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
any vacancy cannot be filled up due to non-availability of a suitable person with benchmark disability or for any other sufficient reasons, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with benchmark disability is not available, it may first be filled by interchange among the five categories and only when there is no person with disability available for the post in that year, the employer shall fill up the vacancy by appointment of a person, other than a person with disability:
Provided that if the nature of vacancies in an establishment is such that a given category of person cannot be employed, the vacancies may be interchanged among the five categories with the prior approval of the appropriate Government."
51. If the provisions contained in 2017 Rules
are examined qua Section 34 (2) of 2016 Act, it is found that
the Clauses-2 (viii) and (ix) were not in conformity with the
provisions of the Statute. Therefore, the General
Administration Department was compelled to pass notification
in the year 2021 in conformity with the manner of recruitment Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
to fill up the vacancies reserved for the persons with
disabilities.
52. I have already discussed with supporting
judgments of the Hon'ble Supreme Court that any recruitment
notification de hors the Statue is ultra vires to the Statute. The
petitioners are claiming recruitment following 2017 Rules,
which is not in conformity with the declaration of reservation
of vacancies in establishments meant for persons with
disabilities and the manner of recruitment to fill up such
vacancies. This is the principal reason followed by the BTSC
to fill up the vacancies reserved for persons with disabilities in
the manner provided in Section 34 of the 2016 Act.
53. The petitioners cannot claim their right of
recruitment following 2017 Rules, when the Rule is ultra vires
to the Statute.
54. It is needless to say that 2016 Act is the
source of the right of persons with disabilities to get the
reservation in jobs in government establishments. If a Rule is
framed by the Government by a process of delegated
legislation and it is found that the Rule is not in conformity
with the statutory provisions, the executive authority is always
empowered to publish subsequent rule in conformity with the Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
Act. This Act on the part of the executive authority cannot be
challenged on the ground of altering the rule of the game after
the game is started because the rule of the game also derives its
authority from the Statute. If statutory indictment is corrected
by a subsequent notification after initiation of selection
process, the same cannot be called into question on the ground
that executive authority has been trying to change the rule of
the game.
55. For the reasons stated above I do not find
any merit in these batch of writ petitions.
56. Therefore, the writ petitions, bearing
C.W.J.C. Nos. 1373 of 2025, 877 of 2025, 4360 of 2025,
5463 of 2025 and 11177 of 2025, are hereby dismissed.
57. However, there shall be no order as to costs.
(Bibek Chaudhuri, J) skm/-
AFR/NAFR AFR CAV DATE 27.01.2026 Uploading Date 06.02.2026 Transmission Date N/A
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