Kumar Shashi Ranjan and Others vs The State of Bihar and Others

Ajay Kumar Tripathi, J.—A detailed hearing was held in both the writ applications with regard to lowering of the standards or the cut-off marks for SC and ST candidates including claim of a physically handicapped category candidate. Even for the sake of argument if the submission of learned senior counsel is accepted on the basis of provisions contained in the Bihar Reservation (Admission in Educational Institutions) Act, 2003, the necessity for giving any appropriate direction or order consistent with the provisions of the Act has to be taken by the State Government as is mandated under Section 6 of the Act of 2003.

Surprisingly, the State has been a silent spectator to the proceeding and they have not bothered to file any counter affidavit or take any stand in clear terms as to what is their position.

The requirement in terms of Section 6 of Act, 2003 and the powers, if any, vested in the State Government will be required to be exercised by the State Government taking into consideration the law on the subject.

This Court, therefore, refuses to issue a mandamus to the State Government because the stage has not arisen for issuance of such a directive or writ. However the Court leaves it to the State Government to take a decision on the necessity of lowering the minimum cut-off marks. They shall, however, would be well advised to keep in mind that there is a time schedule fixed by Hon''ble Apex Court for completing the exercise of admissions, which is said to be 30th of September.

The Court deliberately, expresses no opinion on the rival contentions because the State has not taken a decision and in absence of such a decision the correctness or otherwise ought not to be commented upon at this juncture. In view of the aforesaid facts and circumstances, both the writ applications stands disposed off putting the ball in the court of the State Government.