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1994 Supreme(Pat) 403

S.N.JHA, SUDHANSU JYOTI MUKHOPADHAYA
Balmukund Sah – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: M/s Rajendra Narain, Sanjay Kumar and Akhouri Kamal Kishore Sahay
For the State :Mr. Rameshwar Prasad, Advocate General with Mr. Madan Mohan Prasad Singh, J.C. to Advocate General
For the High Court : M/s Basudeva Prasad, Anil Kumar, Chakradhari Sharan Singh and Kiran A. Sinha

Order

S.N. Jha, J.

This writ petition involves questions relating to interpretation of Article 233 of the Constitution of India. The precise questions for consideration are (1) Whether it is open to the governor i.e. the State Government to reserve posts in making direct recruitment's of additional district Judges contrary to the advice of the high Court? and (ii) whether the provisions of 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) hereinafter referred to as the 'Reservation Act' ) are applicable to the Judicial Service in the State of Bihar ?

2. The petitioners, who are advocates practicing in the Civil Courts at Jamui in -the State of Bihar, have filed this writ petition in their personal capacity as also purporting to represent the interest of similarly situate advocates of the State seeking appropriate writ for quashing the advertisement dated June 16, 1994 inviting applications for recruitment of Additional District and Sessions Judge from Bar to the extent if purports to reserve posts for the Scheduled castes, scheduled tribes Backward classes etc and to fix the upp


















































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