IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7673 of 2002 RAJ KUMAR RAM Versus THE STATE OF BIHAR & ORS ----------- 5. 23.03.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the respondent Bank. The petitioner who claims to belong to the Scheduled Caste category was appointed on daily wage as a Sweeper. His services as per his own case in his representation were than no more taken and he lost the status of daily wages employee also. In this writ application he has questioned the appointment of respondents 4 and 5 on the post of Sweeper. The submission is that the respondents 4 and 5 belonged to general category and under a circular dated 9.11.1977, the appointment on Class IV post of Sweeper should be made only from the persons of Scheduled caste. This is based on a suggestion made by the Commissioner for Scheduled Castes and Scheduled tribes. This Court finds it very difficult to accede to the submissions in view of the constitutional mandate of Article 16(2) of the Constitution of India which reads as follows:- “16(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State” To accept the argument of discrimination based on caste in pursuance of an administrative circular shall be doing violence to the Constitution of India which this Court is loathe to do. The writ application is dismissed. Snkumar/- (Navin Sinha,J.)