IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3230 of 2011 Binod Kumar & Ors Versus The State Of Bihar & Ors ----------- 2 7.7.2011 Heard learned counsel for the parties. All the petitioners who are 25 in number claim themselves to be belonging to Scheduled Tribes category. According to them in a decision taken by the district authority in a meeting held on 27.2.2006 as per annexure-4 considered all the vacancies under various categories which are required to be filled up for the several departments existing under the district administration. There is some reflection with regard to vacancies being available including for Scheduled Tribes. These petitioners were not appointed though appointments have been made. The position of vacancies reflected at that point of time may not indicate the correct state of affairs because after bifurcation of the State of Bihar the reservation for the Scheduled Tribes went down drastically to 1% in the State of Bihar. Naturally those restructuring will fall out of the claim. This could be one of the circumstances where every candidates seeking appointment under the Scheduled Tribe category can not be accommodated. However, if the vacancy arise and petitioners otherwise fulfill the requirements then they can claim a right other things being equal and to the extent reservation is available to them in the State of Bihar. - 2 - This writ application is disposed of with the above observation. RPS (Ajay Kumar Tripathi,J.)