IN THE HIGH COURT OF JUDICATURE AT PATNA
Interlocutory Application No. 6434 of 2011
In
Civil Writ Jurisdiction Case No.10461 of 2011.
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Mousmi, D/o Sri Anil Kumar Sinha, Resident of Usha Kunj, B-16, Peoples
Co-Operative Colony, Police Station Kankarbag, District Patna
.... .... Petitioner
Versus
1. The State of Bihar
2. The Commissioner, Personnel and Administrative Reforms Dept., Govt.
of Bihar, Patna
3. The Bihar Public Service Commission, 15 Jawaharlal Nehru Marg, Patna
4. The Chairman, Bihar Public Service Commission, 15 Jawahar Lal Nehru
Marg, Patna
5. The Secretary, Bihar Public Service Commission, 15 Jawahar Lal Nehru
Marg, Patna
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Umesh Prasad Singh, Sr. Advocate,
Mr. Rajeev Ranjan Prasad and
Mr. Santosh Kumar Sinha 2, Advocates.
For the State : Mr. Kumar Sachin, GP 24 and
Mr. Siddharth Shankar Pandey, AC to GP 24.
For the respondents 3-5 : Mr. Lalit Kishore, Sr. Advocate (AAG 1).
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 20-09-2011 Re. Interlocutory Application No. 6434 of 2011.
The applicant – writ petitioner is one of the applicants
for the 27th Bihar Judicial Service (Preliminary) Competitive
Examination, 2009. Admittedly, she has taken the Preliminary
Examination but has failed to secure the minimum qualifying
2 Patna High Court CWJC No.10461 of 2011 (4) dt.20-09-2011
2/3
marks for admission to the Competitive Examination. She, being a
physically handicapped person, has filed the above CWJC No.
10461 of 2011 to claim reservation for the Physically Handicapped
persons. The petition is admitted to final hearing.
Admittedly, in the advertisement in question there was
no reference to reservation for Physically Handicapped persons.
The applicant has now sought relief that pending the writ petition
she be allowed to take the Competitive Examination.
We do not think expedient to grant the interim relief as
prayed for the reason that the recruitment process commenced in
2009 has, after crossing many hurdles, now reached to the stage of
Competitive Examination. The Hon’ble Supreme Court is seized
of the matter and is monitoring the recruitment process. As the
advertisement did not stipulate reservation for the Physically
Handicapped persons, if we allow this applicant to take the
Competitive Examination as Physically Handicapped person
though she has failed to secure the minimum qualifying marks at
the Preliminary Examination, we will not do justice to the other
Physically Handicapped persons, who have not approached this
Court. The applicant did not approach this Court at the time of
advertisement seeking reservation for the Physically Handicapped
persons.
We are alive to the provisions contained in Sections 32
and 33 of the Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation), Act 1995.
Nevertheless, we would not like to create impediment in the
Competitive Examination scheduled to commence from 30 th
September 2011.
In the event the applicant succeeds in the writ petition,
3 Patna High Court CWJC No.10461 of 2011 (4) dt.20-09-2011
3/3
the Court may issue direction to the respondents to hold special
examination for the Physically Handicapped persons for
recruitment to at least 3% of the posts advertised in 2009.
For the aforesaid reason, Interlocutory Application is
rejected.
(R.M. Doshit, CJ)
(Birendra Prasad Verma, J)
Dilip.