IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3010 of 2009 AMOD KUMAR Versus THE STATE OF BIHAR & ORS ----------- Counsel for the Petitioner :- Mr. D.K. Sinha Mr. H.S. Sundaram Counsel for the Commission :- Mr. P.K. Shahi Mr. S.S. Sundaram For the State :- Mr. AC to AAG-1 2 5.3.2009 Heard counsel for the parties. In the opinion of this Court, the grievance of the petitioner that though he has secured higher marks to a candidate of most backward category and still has not been called for in the final selection for the post of Sub-Inspector of Police as also not being appointed, would depend on the issue as to whether the petitioner’s candidature was treated as a most backward category. At least, there is nothing in this writ application to show that the petitioner had completed the requirements of the advertisement as with regard to claim of such benefit of most backward category which was essentially by way of production of caste certificate issued by the District Magistrate himself. That being so, if the petitioner in absence of such caste certificate was treated 2 to be a candidate of general category, he cannot have any grievance because that was the term and condition of the advertisement. But then, if the petitioner was treated to be a candidate of most backward category and yet has not been selected and appointed and if any person of the same category, having secured lesser marks than that of the petitioner, has been selected, that would be definitely a case of discrimination. That being so, as these issues are not clear from the pleadings of this writ application, this Court would give liberty to the petitioner to file a representation whereupon the respondent after examining the facts of his case will pass necessary orders within a period of three months. Let it be made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner and therefore, it would be open for the competent authority to pass necessary order in accordance with law. With the aforementioned observations, this application is disposed of. Rsh (Mihir Kumar Jha, J.)