IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3445 of 2009 1. PRAGYA JAISAWAL 2. RICHA JAISWAL, BOTH ARE D/O SRI OM KRISHN JAISAWAL, R/M MEERAPUR 397/19b ALLAHABAD IN THE STATE OF UTTAR PRADESH-------PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2. THE DIRECTOR MEDICAL EDUCATION AND FAMILY WELFARE, GOVT. OF BIHAR, PATNA. 3. THE CHAIRMAN, BIHAR COMBINED ENTRANCE COMPETITIVE EXAMINATION BOARD, GOVT. OF BIHAR, PATNA. 4. THE CONTROLLER OF BIHAR COMBINED ENTRANCE COMPETITIVE EXAMINATION BOARD, GOVT. OF BIHAR, PATNA. 5. THE ADDL. SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS, DEPT., GOVT. OF BIHAR, PATNA----RESPONDENTS. ----------- For the Petitioners : Mr. Sanjeev Kumar, Advocate. For Respondents 3 and 4 : Mr. P.K.Shahi, Advocate General, Vikash Kumar, Advocate. For the State : M/S Santosh Kumar Singh, SC-22, Mithilesh Kumar, Advocate. 04. 23.06.2009 Heard learned counsel for the petitioners and the counsel for Respondent Nos. 3 and 4. Petitioners had appeared in the Post Graduate Medical Admission Test (PGMAT), 2009 as general candidate. One of them, namely, petitioner no.2 has succeeded in the test as she secured merit serial Gen.-841. So far petitioner no.1 is concerned, she could not succeed. It is submitted on their behalf that had the petitioners been allowed to appear in the examination as a reserved candidate there was likelihood of securing higher merit position. Having applied as a general candidate in terms of the provisions of the prospectus, which is in tune with the provisions contained in Sub-Section(2) of Section 4 of the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and other 2 Backward Classes) (Amendment) Act, 2003(hereinafter referred to as “the Act”), petitioners could not be allowed consideration as a reserved candidate. Perusal of the aforesaid amended provision of the Act would indicate that candidate residing out of the State of Bihar shall not claim the benefit of reservation under the Act. In the light of the aforesaid provision in the Act prospectus provided in Clause 9(iii) that the candidates who are non-residents of Bihar seats meant for reserved candidates as indicated in Clause 9(ii) will not be available. In such view of the matter this writ application is dismissed. Rajesh/ (V.N.Sinha, J.)