The legislation providing benefit to the native members of the Scheduled Caste was permissible under Article 16 and did not violate Articles 14 and 16 of the Constitution of India.

Headnote:
Reservation - Scheduled Caste - Bihar Reservation of Vacancies in Posts and Services Act, 1992, Section 4 - 14%, 10%, 12%, 8%, 3%, 3% - The court discussed the constitutional validity of the provision under challenge, the impact on promotions and reversion, and the legality of the reversion based on the insertion of the third proviso in Section 4(2) of the Bihar Act 3 of 1992. The court analyzed the legislative power to make retrospective laws, the distinction between the place of birth and residence, and the permissibility of discrimination on the ground of residence. It also considered the consultation requirement with the National Commission for the Scheduled Caste and the applicability of Article 311 of the Constitution of India to the reversion process.
Fact of the Case:

The petitioners, belonging to the Scheduled Caste category and native of States other than Bihar, were initially recruited against reserved vacancies and later promoted to higher posts. However, they were reverted to their previous posts due to the insertion of the third proviso in Section 4(2) of the Bihar Act 3 of 1992, which restricted the benefit of reservation to the native members of the Scheduled Caste.
Finding of the Court:

The court found that the proviso under challenge was not ultra vires Article 14 and 16 of the Constitution of India, as it was within the legislative power to make retrospective laws and did not violate the rights guaranteed under the Constitution. The reversion of the petitioners was deemed legal and not in violation of Article 16 or 311 of the Constitution of India.
Issues: The issues included the constitutional validity of the proviso under challenge, the impact on promotions and reversion, the consultation requirement with the National Commission for the Scheduled Caste, and the applicability of Article 311 of the Constitution of India to the reversion process.
Ratio Decidendi: The court held that the legislation providing benefit to the native members of the Scheduled Caste was permissible under Article 16 and did not violate Articles 14 and 16 of the Constitution of India. It also emphasized the distinction between place of birth and residence, and the permissibility of discrimination on the ground of residence. The court found that the proviso in question did not prohibit inter-State migration and was within the legislative competence of the State Legislature.
Final Decision: The court dismissed all the writ applications, ruling that there was no merit in the petitions and ordered no costs to be paid.

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 by direct recruitment shall be regulated in the following manner namely: (1) The available vacancies shall be filled up (a) from open merit category 50%

(b) from reserved category 50%

(2) The vacancies from different categories of reserved candidates from amongst the 50% reserved category shall, subject to other provisions of this Act, be as follows:

(a) Scheduled Castes 14%

(b) Scheduled Tribes 10%

(d) Backward Class 8%

(e) Economically Backward Women 3%

(f) Economically backward 3%

Total 50%

Provided that the State Government may, by notification in the official Gazette, fix different percentage for different districts in accordance with the percentage of population of Scheduled Castes/Scheduled Tribes and Other Backward Classes in such districts:

Provided further that in case of promotion, reservation shall be made only for Scheduled Castes/Scheduled Tribes in the same population as provided in this section.

XXX XXX XXX

5. Later on, Legislature of the State enacted Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) (Amendment) Act, 2003 (Bihar Act 15 of 2003). Section 2 of Bihar Act 15 of 2003, inter alia, provides that Section 3 of the said Act shall come into force with effect from 11th of June, 1996. Section 3 of Bihar Act 15 of 2003 provided for insertion of third proviso to sub-section 2 of Section 4 in Bihar Act 3 of 1992. Same reads as follows:

"3. Amendment of Section 4 of Bihar Act 3,1992:The following third proviso shall be added to sub-section (2) of Section 4 of the said Act: "Provided further that the candidates residing out of the State of Bihar shall not claim for benefits of reservation under this Act."

Its Hindi version, however, is as follows: ***Local Language***

6 It is relevant here to state that the State Government in the Department of Personnel and Administrative Reforms by letter dated 11 th of June, 1996 informed to the Secretary of Bihar Public Service Commission that the candidates of the reserved classes belonging to other States be not given the benefit of reservation. In the said letter, it has been observed that in matters of direct recruitment in the State of Uttar Pradesh and Madhya Pradesh, benefit of reservation is given only to the reserved category candidates of that State. Accordingly it has been observed that the State Government has taken the decision that benefit of reservation shall be given only to such candidates, who are the permanent residents of State of Bihar i.e. all those who are the native of the State.

7. As the petitioners are not native of the State of Bihar and though they belong to a caste which is Scheduled Caste in the State of their origin and also the State of Bihar but th

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