IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1357 of 2010 In (CIVIL WRIT JURISDICTION CASE 1989/2004) 1. Sanjay Kumar Singh S/O Late Mohan Singh R/O Vill & P.O.Ratwar, P.S.Bhabua, Distt-Kaimur(Bhabua)……………………Appellant Versus 1. The State Of Bihar through Chief Secretary, Government of Bihar, Patna 2. The Secretary, Department of Personnel and Administrative Reforms Government of Bihar, Patna 3. The Chairman, B.P.S.C. 15, Jawaharlal Nehru Marg, Bailey Road, Patna 4. The Secretary, B.P.S.C. 15, Jawaharlal Nehru Marg, Bailey Road, Patna 5. The Deputy Secretary, B.P.S.C. 15 Jawahar Lal Nehru Marg, Patna 6. The Reservation Commissioner, Government of Bihar, Patna ………Respondents For the petitioner :- Mr. Madhusudan Kumar, Adv. For the B.P.S.C. :- Mr. K.B. Nath, Advocate :- Mr. Durga Narayan, Adv. For the State of Bihar : -Mr. Mayank Rukhaiyar, A.C. to G.A.-III. ----------------- 3. 22.12.2011 Heard learned counsel for the appellant, learned counsel for the Bihar Public Service Commission and learned counsel for the State. According to the Commission the petitioner who claims to be Schedule Tribe candidate for the 44th Combined Competitive Examination failed to succeed in the main examination on account of marks obtained by him and hence he was not shown in the list of successful candidate and was not appointed and learned counsel for the appellant/writ-petitioner submits that because no Schedule Tribe was shown successful, the petitioner should have been shown successful. The argument is misplaced and does not deserve acceptance. No person below with lesser marks than the appellant/writ-petitioner has been appointed even in the Schedule Tribe category and hence the appellant has no right to claim that he must be declared successful and must be appointed. The issue of reservation policy amended in the year 2002 with retrospective effect is not relevant in this case. But incidentally, it may be recorded that the validity of the amendment in the reservation policy has already been held by this Court and as a result the extent of reservation of Schedule Tribe candidates in the bifurcated State of Bihar stood reduced to one per cent. As explained about the issue of reservation is not relevant in this case. We find no merit in this appeal. It is, accordingly, dismissed. Mkc/ (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)