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2009 Supreme(Pat) 370

DHARNIDHAR JHA, CHANDRAMAULI KR.PRASAD
Khichri Ram – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

Chandramauli Kr.Pd., J.

1. In all the writ applications, identical questions of law and facts arise and as such they were heard together and are being disposed of by this common judgment.

2. Facts lie in a narrow compass.

3. All the petitioners belong to the Scheduled Caste category and native of States other than the State of Bihar. They were initially recruited against the vacancies reserved for the members of the Scheduled Caste. All of them have been promoted to higher post after 11.6.1996 on the vacancies reserved for the Scheduled Caste.

4. To provide for adequate representation of Scheduled Caste, Scheduled Tribe and Other Backward Classes in post and services under the State, the Governor of the State promulgated successive Ordinances and ultimately the Legislature of the State enacted the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991 (Bihar Act 3 of 1992). Section 4 of Bihar Act of 1992, which is relevant for the purpose, as initially enacted reads as follows:

4. Reservation for direct recruitment. All appointments to services and posts in an establishment which are to be filled b























































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