Letters Patent Appeal No.449 OF 2000 (Against the Judgment & Order passed in C.W.J.C. No. 926 of 1998 on 1st November, 2000) NANDINI KISHORE -----------------------(Appellant) Versus THE STATE OF BIHAR & ORS. ------(Respondents) ---- For the Appellant : Mr. A.K. Malik. For the State : Mr. Shashi Bhushan Kr., S.C.16. For the Respondent nos.3 to 5: Mr. P.K. Sahi, Mr. Vikas Kumar. ------- P R E S E N T THE HON'BLE MR. JUSTICE BARIN GHOSH THE HON'BLE MR. JUSTICE C.M.PRASAD Barin Ghosh & C.M. Prasad, JJ. We have got no other option but to dismiss the appeal, which we do hereby, despite the fact that in the order under appeal, it has been recorded that in the Reserved Category of Girls, the position of the appellant was at Serial no. 4 and for that category 9 seats were reserved, inasmuch as we have not been informed the very basis of the Reserved Category of Girls. From the Judgment of this Court, a copy whereof has been annexed as Annexure-2 to the memo of appeal, it appears that apart from open category, there were categories for BC (Backward Class) candidates and RCG (Reserved 2 Category of Girls) candidates. In the body of the said Judgment, it has been stated that according to both parties to the lis concluded by the said Judgment the number of girls, who competed in the BC Category as well as in the RCG Category was six. At the same time, in the body of the said Judgment, it was stated that the petitioners in the writ petition dealt with by the said Judgment were respectively at Serial nos. 57 and 55 in RCG Category. In such view of the matter, according to the facts noted in the said Judgment, much more than 9 girls were higher up in the RCG list, though, the said list may have contained names of six girls, who were both listed in the RCG list and BC list. We have not been shown the prospectus holding out that even in RCG Category Reservation Policy applicable for OBC candidates would be followed. If that be so, then the RCG seats can only be filled up by people on the basis of their merit position in the RCG list. In the memo of appeal, it has not been contended that the girls, who have filled up 9 RCG reserved seats did not get better marks than the appellant. In those circumstances and from the tenor of the 3 Judgment and order under appeal, it appears to us that the observation in the Judgment and order under appeal that the position of the appellant in the Reserved Category of Girls was at serial no.4 is not an established fact. Patna High Court, The 6th August, 2008, S.B.P./ N.A.F.R. (Barin Ghosh, J.) (C.M. Prasad, J.)