IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.49 of 2009 1. KRISHNA NANDAN SAW, SON OF SRIJHAPSI SAW, RESIDENT OF VILLAGE-KALYANPUR, P.O. LAKSHMI PUR, P.S.-BARAHYA, DISTRICT LAKHISARAI, LOCAL ADDRESS- MOHALLA HANUMAN NAGAR, SHIV PRASAD NAGAR COLONY, P.O. LOHIYA NAGAR, PATNA-20 2. UPENDRA PRASAD, SON OF LATE MUKHLAL ROY, 8210 OFFICERS HOSTEL, BELI ROAD, PATNA. 3. DR. TRILOKI NATH, SON OF RAM SHUBHAG THAKUR, LECTURER 10+2 B.M. INTER COLLEGE, GOPALGANJ 4. DHARMA NATH BAITHA, SON OF SHUKH LAL BAITHA, RESIDENT OF MAJISHPUR, P.O. BHAISHMARA, P.S.- GARKHA, DISTRICT SARAN (CHAPRA) 5. DR. MAHESHWAR PRASAD GUPTA, SON OF LATE ASHIQUELAL GUPTA, RESIDENT OF VILLAGE-MAULA BAG, ARA. 6. SACHCHIDA NAND KUMAR, SON OF SATYA NARANYAN LAL, RESIDENT OF MOHALLA-NOON KA CHAURAHA, PATNA CITY, PATNA. 7. AJAY KUMAR, SON OF LATE ASHARFI MALIK, RESIDENT OF VILLAGE-SUNDAR PUR, CHHATHI POKHAR, P.O. + DISTRICT- DARBHANGA. 8. MAHESHWAR ROY, D.M. OFFICE, COLLECTORATE, VAISHALI 9. RAJ KUMAR CHAUDHARY, SON OF BHOLA CHAUDHARY RESIDENT OF VILLAGE-ALAM PUR, INDOOR BHAYA DHANOSOYEE, DISTRICT-BUXER. 10. SAHAGIRD MAJHI, SON OF LATE MANANA MANJHI, RESIDENT OF VILLAGE AND P.O.-TARWARA, DISTRICT-SIWAN. 11. ALAKH NIRANJAN PRASAD, SON OF MAUJI RAUT, AT TOURISM DEPARTMENT, OLD SECRETARIAT, PATNA. 12. PRAMOD KUAMR MANDAL, SON OF BHUNESHWAR MANDAL, AT BARMASHIYA BUDHA CHAK, DISTRICT-KATIHAR ------- APPELLANTS Versus 1. THE STATE OF BIHAR 2. THE BIHAR PUBLIC SERVICE COMMISSION, PATNA, THROUGH ITS HAIRMAN. 3. THE HAIRMAN, BIHAR PUBLIC SERVICE COMMISSION, 15 JAWAHARLAL NEHRU MARG, (BAILEY ROAD), PATNA. 4. THE SECRETARY BIHAR PUBLIC SERVICE COMMISSION, 15 JAWAHARLAL NEHRU MARG (BAILEY ROAD), PATNA. 5. THE SECRETARY, DEPARTMENT OF PERSONNEL, ADMINISTRATIVE REFORMS GOVERNMENT OF BIHAR, PATNA. ---------- RESPONDENTS 6. NIRANJAN PRASAD MANDAL, SON OF SHREE RADHA PRASAD MANDAL, RESIDENT OF MOHALLA LOHIA NAGAR, POLICE STATION AND DISTRICT KATIHAR. 7. BIRU PRASAD MANDAL, SON OF LATE ISHWAR PRASAD MANDAL, RESIDENT OF MOHALLA BARMASIA, NEAR P&T, COLONY CHOUK, KATIHAR, POLICE STATION AND DISTRICT KATIHAR. BIPIN CHANDRA MANDAL SON OF SHREE - 2 - CHHOHRAM MANDAL, RESIDENT OF MOHALLA BUDDHUCHAK, KATIHAR, POLICE STATION AND DISTRICT KATIHAR. 8. BIPIN CHANDRA MANDAL, SON OF SHREE CHHOHRAM MANDAL, RESIDENT OF MOHALLA BUDHUCHAK, KATIHAR, POLICE STATION AND DISTRICT – KATIHAR. 9. RAMESH PRASAD MANDAL SON OF LATE BISHWANATH PRASAD MANDAL, RESIDENT OF MOHALLA JAGARNATHPURI,BARMASIA, KATIHAR, POLICE STATION AND DISTRICT KATIHAR. ------- PETITIONERS/RESPONDENTS 10. THE VIGILANCE INVESTIGATING BUREAU, GOVT. OF BIHAR, THROUGH A.D.G. VIGILANCE. 11. THE ACTING CHAIRMAN, B.P.S.C. PATNA, 15, JAWAHARLAL NEHRU MARG (BAILEY ROAD), PATNA. ----- RESPONDENTS ----------- For the Petitioners/Appellants : Mr. Ranjeet Kumar, Adv. For the State : Mr. Arun Kr. Chongdar, Adv. For the B.P.S.C. : Mr. Sanjay Pandey, Adv. For the Vigilance : Mr. Rakesh Kumar, Adv. ------- 2. 14/1/2009 Mr. Ranjeet Kumar appears on behalf of the appellants whereas State is represented by Junior Counsel to Additional Advocate General No. 2. Mr. Sanjay Pandey appears on behalf of the Bihar Public Service Commission. Although, the appellants herein were not party in CWJC No. 7725 of 2005 and its analogous cases, but the order dated 12th of September, 2008 passed thereon, it being assailed in the present appeal. Validity of the order impugned in the present appeal was also impugned in LPA No. 812 of 2008 and LPA No. 833 of 2008 and both have been dismissed by order dated 10th of November, 2008 and 24th of October, 2008 respectively. Mr. Ranjeet Kumar, appearing on behalf of the - 3 - appellants raises grievance in regard to the number of seats reserved for the members of the Scheduled Tribe. In case, in future, the Bihar Public Service Commission makes advertisement and makes reservation for the members of the Scheduled Tribe, more post, then what is permissible under the reservation policy, they shall have the liberty to assail the same. Appeal stands dismissed with the observation aforesaid. S.Ali (Chandramauli Kr. Prasad, ACJ.) (Dr. Ravi Ranjan, J.)