SUPREME COURT OF INDIA

Before:- M.B. Shah and S.N. Variava, JJ.

Civil Appeal Nos. 1486 & 1487 of 2001 (Arising out of SLP(C) No.12092 & 12994 of 2000). D/d. 23.2.2001.

Harendra Kumar Dubey & Ors. - Appellants

Versus

State of Bihar & Ors. - Respondents

Selection - Directed that case of appellants and interveners requires to be considered by High Court on the basis of Reservation policy.

[Para 2]

ORDER

1. Heard learned counsel for the parties. Leave granted.

2. In pursuance of our order dated 8th January, 2001 respondent No.1 has produced the record pertaining to the results/merit list of the candidates interviewed in the year 1988 by the Bihar State Subordinate Selection Board. The Bihar State Public Service Commission has also produced for our perusal only tabulation statement and the results of the interviews held in the year 1988 by the Bihar State Subordinate Selection Board. Considering the aforesaid results learned counsel for the respondents also agrees that the case of the appellants and intervenors requires to be reconsidered by the High Court on the basis of the Reservation Policy. In this view of the matter, the impugned order dated 13th April, 2000, passed by the High Court in CWJC No.454 of 1992 is set aside. The High Court is directed to reconsider the case on mertis after giving an opportunity of hearing to the appellants as well as intervenors and the respondents. The respondent authorities would produce the aforesaid documents before the High Court for its perusal at the time of hearing of the matter. With these observations these appeals are disposed of with no order as to costs.

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