Patna High Court
Vikash Kumar vs The Honble Patna High Court on 11 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
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.
... ... Petitioner
Versus
1. The Hon'ble Patna High Court through its Registrar.
2. The Registrar General, Hon'ble 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.
... ... Respondents
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Appearance :
For the Petitioner/s : Mr. Suresh Kumar Ishwar, Advocate
For the Respondent/s : Mr. Satyabir Bharti, Advocate
Ms. Kanupriya, Advocate
Ms. Sushmita Sharma, Advocate
Mr. Abhishek Anand, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL JUDGMENT
Date : 11-05-2023
Heard learned counsel for the petitioner and the Hon'ble
Patna High Court as also the other respondents who are the
Officers of the Registry of this Court.
2. The petitioner in the present case is seeking the
following reliefs:-
(i) For issuance of an appropriate order, direction, writ in
the nature of certiorari for quashing the Advertisement
published by Respondent no. 2 on the Hon'ble High
Court Website dated 03 Feb. 2023 for appointment of 550
vacant posts of Assistants in the Hon'ble Patna High
Court in Group B Posts in the level-7 as contained in
Annexure-1 to this application whereunder and whereby
the Respondent no. 2 has issued the advertisement on
03.02.2023 vide Advertisement No. PHC/01/2023 for
appointment to 550 vacant posts of Assistants Hon'ble
Patna High Court in Level-7 for which they have given
Patna High Court CWJC No.5539 of 2023 dt.11-05-2023
the detail of reservation in the aforesaid appointment.
Total number of seat-550. They are as follows:
Sl. Category Total Horizontally as
No. number of Reserved posts
posts for women
1 unreserved 236+2 76
(backlog)
Classes (EBC)
Section (EWS)
Total 548+2 189
(Backlog)
Out of 550 posts, 22 (twenty two) posts shall be for
Horizontally Reserved for Orthopaedically handicapped
(OH) candidates in their respective category and the
Respondents have not considered the reservation policy
of State Government vide letter no. 2526 dated
18.02.2016 by which State Government has given 2%
reservation in the State Government appointment to the
Ward of (grandson and grand daughter) of the freedom
fighter that the respondents have followed the reservation
policy of the Central Government as well as the State
Government. But only exclude/ignoring the decision of
State Government for reservation of 2% for the freedom
fighter (Grandson and Granddaughter within the State
Vacancy.
(ii) That for issuance of an appropriate order, direction,
writ in the nature of Mandamus for commanding and
directing the respondents-authorities to allow/give 2%
reservation to the category of freedom fighter ward,
grandson and grand daugther as per decision of the State
Government vide letter no. 2526 dated 18.02.2016 as the
Hon'ble has followed the reservation policy of the State
Government and Central Government except 2 %
reservation to the freedom fighter grandson and grand
daughter.
(iii) For issuance of an appropriate order, direction, writ
in the nature of mandamus for commanding and directing
the respondents to mofify/make necessary correction in
the Advertisement No. PHC/01/2023 dated 03.02.2023
for appointment of 550 vacant posts of Assistant in the
Patna High Court CWJC No.5539 of 2023 dt.11-05-2023
Hon'ble Patna High Court by the allowing including the
2% reserved posts to the freedom fighter ward
(Grandson, grand daughter) as per the
decision/reservation policy of the State Government and
as such 11 posts may kindly be allotted/given to the Ward
of Freedom Fighter grandson and grand daughter out of
total vacancy of 550 posts;
(iv) For issuance of an appropriate order, direction, writ
in the nature of mandamus for commanding and directing
the respondents to allow/consider the petitioner's
application within the 2% reserved category of post of
Freedom Fighter Wards grandson and grand daughter as
the Reservation Policy of the State Government that the
petitioner has applied in the general category post
because the respondents have not given/ mentioned the
2% reservation of the freedom fighter wards, grandson
and grand daughter posts in the aforesaid advertisement
dated 03.02.2023 vide Advertisement No. PHC/01/2023
and the last date was 07.03.2023 and such the petitioner
have applied in the general category.
(v) And/Or pass such other order or orders, directions,
writs as your Lordship may deem fit & proper in interest
of justice to the petitioner for which he is entitled under
the law."
Brief Facts of the Case
3. The respondent no. 1 through its Registrar General
(respondent no. 2) has invited online application from eligible
candidates for appointment against 550 vacant posts of Assistants
in the Hon'ble Patna High Court which are Group 'B' posts Level
'7'. A copy of the Advertisement bearing No. PHC/01/2023 has
been brought on record as Annexure '1' to the writ application.
Submission of the Petitioner
4. Learned counsel for the petitioner submits that the
advertisement contains details of the posts as well as reservation
given to the candidates in the different categories but there is no
Patna High Court CWJC No.5539 of 2023 dt.11-05-2023
reservation to the category of freedom fighters' grandsons and
grand-daughters in the said advertisement.
5. It is the case of the petitioner that he is a grandson of
a freedom fighter and there is a decision of the State Government
as contained in communication vide Letter No. 2526 dated
18.02.2016 (Annexure '4') to provide 2% reservation to the
freedom fighters' grandsons and grand-daughters.
6. Learned counsel for the petitioner submits that the
respondents are obliged to follow the reservation policy of the
Central Government and the State Government, therefore, an
appropriate direction be issued to the respondents.
7. Reliance has been placed on Rule 10 of the Patna
High Court Officers and Staff Rules, 2021 (hereinafter referred to
as 'the Rules of 2021') to submit that it envisages amongst others
"reservation for other categories, if any, ....".
Submission of the Respondents
8. This writ application has been opposed by learned
counsel for the respondents. It is submitted that Rule 10
specifically provides that the reservation, if any, shall be in
accordance with the orders issued by the Chief Justice from time
to time having due regard to the legislative enactment and orders
issued by the Governor of Bihar from time to time on the subject,
Patna High Court CWJC No.5539 of 2023 dt.11-05-2023
thus, his submission is that apart from the categories already
mentioned in the Rule 10, reservation for other categories, if any,
may only be provided by an order issued by Hon'ble the Chief
Justice regard being had to the legislative enactments. It is
submitted that no such order providing reservation for other
categories has been issued and the petitioner has not brought to the
notice of this Court any order issued by Hon'ble the Chief Justice
in this regard.
Consideration
9. Having heard learned counsel for the petitioner and
learned counsel for the respondents as also on perusal of Rule 10,
this Court finds substance in the submissions made on behalf of
the respondents.
10. Rule 10 of the Rules of 2021 reads as under:-
"10. Reservation.- Reservation in direct recruitment to
the various categories of posts in the 'Establishment' in
favour of the members of Scheduled Castes, Scheduled
Tribes, Backward Classes, Extremely Backward
Classes, Economically Weaker Sections (EWSs) of the
State (who are not covered under the existing scheme
of reservation for the SC, ST, BS, EBC); horizontal
reservation for Women & Orthopedically Handicapped
and reservation for other categories, if any, shall be in
accordance with the orders issued by the Chief Justice
from time to time having due regard to the legislative
enactment and orders issued by the Governor of Bihar
from time to time on the subject."
11. Admittedly, no order providing for reservation for
any other categories has been issued by Hon'ble the Chief Justice.
Patna High Court CWJC No.5539 of 2023 dt.11-05-2023
12. In such circumstance, the prayer for quashing of the
advertisement is devoid of merit. The examination has already
been conducted.
13. This writ application is dismissed.
(Rajeev Ranjan Prasad, J)
SUSHMA2/-
AFR/NAFR
CAV DATE
Uploading Date 12.05.2023
Transmission Date
