Patna High Court
Vikash Kumar vs The Honble Patna High Court on 14 July, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.777 of 2023
In
Civil Writ Jurisdiction Case No.5539 of 2023
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Vikash Kumar, Son of Suresh Kumar Ishwar, Resident of Village-Maranchi,
P.S.-Bachhwara, District-Begusarai.
... ... Writ petitioner-Appellant/s
Versus
1. The Honble Patna High Court, through its Registrar.
2. The Registrar General, Honble Patna High Court, Patna.
3. The Registrar, Establishment, Hon'ble Patna High Court, Patna.
4. The Assistant Registrar, Hon'ble Patna High Court, Patna.
5. The Deputy Registrar, Hon'ble Patna High Court, Patna.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Suresh Kumar Ishwar, Advocate
For the Respondent/s : Mr. Satyabir Bharti, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 14-07-2023
1. The appellant, who was the petitioner before the
learned Single Judge, sought for interference to the
selection initiated to the posts of Assistants in the High
Court of Patna on the ground of 2% reservation to the
grand-sons and grand-daughters of freedom fighters having
not been implemented.
2. The appellant contended that the State
Government as per its reservation policy took a decision to
Patna High Court L.P.A No.777 of 2023 dt.14-07-2023
reserve 2% of the vacancies for the grand-sons and grand-
daughters of the freedom fighters by Annexure-4 dated
18.02.2016.
3. The learned Single Judge found that The Patna
High Court Officers and Staff (Recruitment, Appointment,
Promotion and Other Conditions of Service and Conduct)
Rules, 2021 (for brevity, 'the Rules of 2021') by Rule 10
provided for reservation in direct recruitment to the various
categories of posts in the 'Establishment' for Scheduled
Castes, Scheduled Tribes, Backward Classes, Extremely
Backward Classes, Economically Weaker Sections of the
State; horizontal reservation for Women & Orthopedically
Handicapped. The reservation for other categories, if any,
was to be made in accordance with the orders issued by
the Chief Justice from time to time having due regard to the
legislative enactment and others issued by the Governor of
Bihar. There was no order issued by the Chief Justice for
reservation of any other categories and in that circumstance,
the writ petition was dismissed.
4. We find no reason to interfere with the
judgment dated 11.05.2023 passed in CWJC No.5539 of
Patna High Court L.P.A No.777 of 2023 dt.14-07-2023
2023 by a learned Single Judge and reject the Letters Patent
Appeal.
(K. Vinod Chandran, CJ)
( Partha Sarthy, J)
Sunil/-
AFR/NAFR NAFR
CAV DATE
Uploading Date 18.07.2023
Transmission Date
