IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6880 of 2010 1. MD.GHOLAM SARWAR, S/O MD. ALAUDDIN, R/O VILLAGE- HARLAGA,P.S.-AZAMNAGAR,DISTRICT-KATIHAR. 2. MD. NOORUL ISLAM, S/O MD. JAMALUDDIN, R/O VILLAGE- SHEIKPURA,P.S.-BALIA BELON,DISTRICT-KATIHAR. 3. MD. EHTASAMUDDIN, S/O MD. SHAMSUJJUHA, R/O VILLAGE- DHACHNA,P.S.- BARSOI,DISTRICT-KATIHAR. 4. MD. HASIBUR RAHMAN, S/O MD. ATAUR RAHMAN, R/O VILLAGE- BAGHWA,P.S.-BALIA-BELON,DISTRICT-KATIHAR. VERSUS 1. THE STATE OF BIHAR. 2. THE SECRETARY, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR, DEPARTMENT OF HEALTH,MEDICAL EDUCATION & INDIGENOUS MEDICAL DEPARTMENT,GOVT. OF BIHAR, PATNA. 4. THE COMMISSIONER, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA. 5. THE SECRETARY, BIHAR COMBIND ENTRANCE COUNCIL EXAMINATION,IAS,BHAWAN,AYUSH CELL,NEAR AIRPORT,PATNA. 6. BIHAR COMBIND ENTRANCE COUNCIL EXAMINATION,(B.C.E.C.E.)THROUGH ITS SECRETARY,IAS,BHAWAN,AYUSH CELL,NEAR AIRPORT,PATNA. ----------- 03 29.10.2010 The four petitioners had applied for appointment to the post of Unani Ayush Doctors, pursuant to advertisement made in the year 2008 by the Health Department, Government of Bihar through the Bihar Public Service Commission. They have applied under general category. Subsequent to the application as made in the year 2008, they got certificate showing them that they belong to reserved category (Backward Class-II) and now want this Court to permit them to change their category for the said examination in which merit list has already been prepared. In my view, this cannot be permitted. It is not in dispute that the group to which the petitioners belonged was declared - 2 - Backward Class-II way back in 2003. Petitioners were required to make an application for placement of doctors in the year 2008. The last day whereof was 24.05.2008. As they had not got the caste certificate, they applied under general category. The caste certificates were ultimately issued on 10.11.2008 and in some case in 2010. They had not stated in this writ petition that they had made application for grant of caste certificate before filling the applications for appointment of doctors which was granted late. They having filed their application, sat in the examination, merit list has now been prepared, at this late stage they cannot be permitted to change their category. Learned counsel for the petitioners draws my attention that the State itself in another case has permitted to change the category. I have perused the said notification, it is totally different. There certain classes were shown as Backward Classes but were then notified as Extremely Backward Classes. These notifications were issued after the applications for employment were called for. In those situations, the Government permitted the persons who were applied for Backward Class and Extremely Backward Class by dint of subsequent notifications was permitted to change. This is not the case here. Here, petitioners’ class was declared Backward Class way back in 2003. In that view of the matter, I do not find any merit in this case and, accordingly, this writ petition is dismissed. Trivedi/ (Navaniti Prasad Singh, J.)