IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11068 of 2008 Rajesh Kumar son of Sri Bhola Paswan resident of village Sahebpur Kamal, P.O. & P.S. Sahebpur Kamal, District Begusarai…Petitioner Versus 1. The State Of Bihar 2. Bihar Public Service Commission, Bailey Road, Patna through its Chairman. 3. The Excise Commissioner, Govt. of Bihar, New Secretariat, Patna. 4. The Secretary, Excise Department, Govt. of Bihar, New Secretariat, Patna…………Respondents ----------- For the Petitioner: M/s Naresh Kr. Malhotra & Binod Kumar Sinha, Advocates For the State: Mr. Shri Krishna Chandra, A.C. to Advocate General. For the Commission: Mr. Sanjay Pandey, Advocate 3 10.03.2011 Heard learned counsel for the petitioner as well as learned counsel for the respondents. In this writ application, petitioner has prayed for a direction to the respondents to consider his case for appointment as Assistant Sub-Inspector (Excise) under Scheduled Castes quota pursuant to Advertisement no.31/99. Learned counsel for the Bihar Public Service Commission had raised a question of delay and laches on the part of the petitioner in approaching this Court on the last date when the case was taken up. However, this Court had requested learned 2 counsel for the Commission to find out factual position with regard to vacancy for Scheduled Castes available for being filled up pursuant to the said advertisement. On instruction, learned counsel for the Commission submits that after bifurcation of the State, the number of vacancy got reduced and for Scheduled Caste category, only eight vacancies were available to be filled up pursuant to the said advertisement. Petitioner’s name was at serial no.14 in the merit list of the Scheduled Caste candidates at the time of first recommendation and, therefore, petitioner could not be selected and appointed. Considering the said facts and also considering the fact that the petitioner has approached this Court after much delay, this Court does not find any merit in this writ application. The same is dismissed. BT (J. N. Singh, J.)