Patna High Court
Ram Kumar vs The Registrar General, Patna High Court on 1 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7523 of 2023
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Ram Kumar Son of Om Prakash Gupta Resident of Mohalla- Bihta, P.S.-
Bihata, District- Patna, PIN CODE- 801103.
... ... Petitioner/s
Versus
1. The Registrar General, Patna High Court, Bailey Road, Patna.
2. The State of Bihar, through the Chief Secretary, Government of Bihar,
Secretariat, Bailey Road, Patna.
3. The Secretary, Department of Law, Government of Bihar, Secretariat, Bailey
Road, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ajay Prasad
For the State : Mr. S.K. Mandal (SC3)
Mr. Arjun Prasad
(AC to SC-3
For the PHC : Mr. Anukriti Jaipuriyar
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CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL
ORAL JUDGMENT
Date : 01-07-2025
This petition has been preferred by the petitioner
seeking following reliefs:-
"For issuance of a direction to the
respondent authority for
appointment of the petitioner as a
sport quota which is eligible as per
advertisement made by the
respondent authority and also
applied an application which is
contained in Annexure-1 as well as
appointment rules has been also
annexed for the purpose of hearing.
A copy of application for
appointment of the petitioner as well
as appointment rules, Reg. No.
232274 Reg. Date 03.04.23 post
Patna High Court CWJC No.7523 of 2023 dt.01-07-2025
applied for Assistant Education
Pass- Matric 10th Pass- 2011
C.B.S.E. Punjab, C.B.S.E. Punjab-
2013, 10 +2 B.S.E.B. 2014 Patna,
B.Sc. Geology, M.Sc. Geology, Patna
University, BSEB 2014 (10+2) and
other certificate C.B.S.E. 2013 is
annexed herewith and marked as
Annexure-1 and 1A (in Series) to
this writ application.
(ii) For issuance of a direction to the
respondents to consider the case of
the petitioner who has been filed a
representation.
(iii) For any other relief or reliefs to
which the petitioner may be found
entitled to in the eye of law.
2. The brief facts of the case is that the respondent
no.1 has invited on-line application from the eligible candidates
for appointment against 550 vacant posts of Assistants in the
Patna High Court, which are Group 'B' Posts in Level-7. A copy
of the advertisement is brought on record as Annexure-1A to the
writ petition.
3. Learned counsel for the petitioner submits that
the advertisement contained details of posts as well as
reservation given to the candidates in the different categories but
there is no reservation to the category of sport quota. The
petitioner is fully eligible for that post within its post and hence,
Patna High Court CWJC No.7523 of 2023 dt.01-07-2025
this writ petition.
4. Learned counsel for the petitioner submits that in
all other institutions, there is a reservation quota of sport person.
However, the respondents in their advertisement has not
included the person related to the sport quota. In this regard,
reliance has been placed by him in the judgment passed by the
Hon'ble Supreme Court in Civil Appeal No. 005013 of 2023
arising out of S.L.P. (CIVIL) No. 15774 of 2023 (Dev Gupta
Vrs. PEC University of Technology & Ors.), Annexue -P/3.
5. Learned counsel for the respondents opposes the
argument raised by the counsel for the petitioner and submits
that Rule 10 of the Patna High Court Officers and Staff Rules,
2021 specially provides that the reservation, if any, shall be in
accordance with the orders issued by the Hon'ble 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. Thus, it is submitted 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
the Hon'ble Chief Justice regard being had to the legislative
enactment. It is further submitted that no such order providing
reservation for other categories has been issued by the Hon'ble
Patna High Court CWJC No.7523 of 2023 dt.01-07-2025
Chief Justice in this regard. Therefore, the claim of the
petitioner could not be accepted.
6. Heard learned counsel appearing for both the
parties and perused the documents annexed with the petition.
7. At this juncture, it would be appropriate to refer
Rule 10 of the Patna High Court Officers and Staff Rules, 2021,
which reads as under :-
"10. Reservation.- Reservation in direct
recruitment to the various categories of
posts in the 'Establishment' in favour
of the members of Schedules 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 others issued
by the Governor of Bihar from time to
time on the subject."
8. Admittedly, no order providing for reservation of
any other categories (including sport quota) has been issued by
Hon'ble the Chief Justice. Therefore, I am of the view that the
petitioner is not entitled to get any relief. So far as the judgment,
Patna High Court CWJC No.7523 of 2023 dt.01-07-2025
as referred by the learned counsel for the petitioner, is
concerned, it is not applicable to this case, as the judgment
referred by the counsel is related to the admission in engineering
courses under the 2% of the sport quota, not related to any
recruitment process. Resultantly, the petition is liable to be
dismissed.
9. Accordingly, this writ petition is dismissed.
(Arvind Singh Chandel , J)
shailendra/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 04.07.2025
Transmission Date NA
