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2024 Supreme(Pat) 484

IN THE HIGH COURT OF JUDICATURE AT PATNA
BIBEK CHAUDHURI, J.
CWJC Nos. 14323, 13304 and 16667
of 2022
(14.8.2024)
Vindeshwar Paswan & Ors. (in 14323)
Suman Kumar (in 13304)
Gulab Patel (in 16667) ... Petitioners
vs.
State of Bihar & Ors. ... Respondents (in all)

Advocates:
For the Petitioners: M/s Ashish Giri, Sumit Kumar, Riya Giri(in 14323); Vijay Shankar Shrivastava (in 13304); Rashmi Jha (in 16667).
For the Respondents: M/s Manish Kumar, GP-4 (in both); Ajay Kumar, AC to GP-4 (in 14323); Md. N.H. Khan (SC1) (in 13304).

Headnote:

Bihar Reservation of Vacancies in Posts and Services (For Schedule Castes, Scheduled Tribes and Other Backward Classes) Act, 1991 – Appointment to the post of Chowkidar in East Champaran – reservation to S.C., S.T., EBC, Backward Classes, and Women of Backward Classes – Roster – as no roster on the basis of reservation in respect of the cadre is prepared by the District Administration, there were illegal appointments indiscriminately to fill up the vacant posts – the Home Department never considered the importance of maintaining roster of the cadre of chowkidars district wise – therefore, there were appointments of chowkidars violating the quota and roster rules – it is needless to say that where posts in a particular cadre are required to be filled up as per reserved points or quotas applicable for reserved candidates, a roster of the cadre is required to be made by the department – number of candidates belonging to each category against which posts/vacancies have occurred, is to be filled up by the number of the said category – District Administration, East Champaran directed to prepare the cadre of chowkidars on the basis of reservation and roster points, such roster to be revised year to year, i.e., every year as on 31st of December of the previous year – vacancy in Group D post of chowkidar directed to be declared year to year in respect of the vacancies of each category of posts that falls vacant at the end of a particular year – vacancy to be declared on the basis of roster point taking into consideration the reservation policy declared in 1991 Act – the newly appointed candidates shall acquire the vacant post in the roster on the basis of their selection, meaning thereby they cannot be put below the candidates, who are working en bloc – in respect of the 141 vacancies, involved in the present petition, the District Administration directed to take similar exercise. (Paras 35, 36 & 39)

Shambhu Thakur Vs. State of Bihar, 2003 (4) PLJR 470; Hazari Lal Prasad Vs. State of Bihar, C.W.J.C. No. 1024/2014; Arjun Singh Vs. State of Bihar, M.J.C. No. 1979 of 2005; State of U.P Vs. Sangam Nath Pandey, (2011) 2 SCC 105; Sudhir Kumar (Dr.) Vs. State of Bihar, 2018 (2) PLJR 609; Dr. Amod Prabodhi Vs. State of Bihar through the Principal Secretary, Department of Education, 2023 (2) BLJ 513; State of Punjab Vs. Davinder Singh, Civil Appeal No. 2317/2011; C.W.J.C. No. 9756/ 2017 – Referred to.

R. K. Sabharwal Vs. State of Punjab, (1995) 2 SCC 745 – Relied upon.

Bibek Chaudhuri, J.—The above-mentioned three writ petitions arising out of identical facts and questions of law have been heard and disposed of by the following common judgment.

2. The petitioners have invoked extraordinary Constitutional Jurisdiction of this Court for following reliefs:—

i. To issue writ/order or direction in the nature of Certiorari for quashing the publication of the result dated 09.09.2022 by which the Committee in relation to appointment to the post of Chowkidar in district of East Champaran, Motihari pursuant to advertisement no. 01 of 2017, wherein the vacancies of Scheduled Caste and Backward Class have been left out and the seats / vacancies against the unreserved category have also been wrongly reduced.

ii. To issue writ/order or direction in the nature of Certiorari for quashing the order dated 11.09.2022 issued by the District Magistrate, East Champaran, Motihari, by which the publication of result dated 09.09.2022 has been approved and order given for issuance of appointment letter.

iii. To issue writ/order or direction in the nature of Certiorari for quashing the merit list published on 10.09.2022 pursuant to the recommendation by the District Selection Committee, East Champaran, Motihari vide decision dated 09.09.2022.

iv. To issue writ/order or direction in the nature of Certiorari for quashing the letter dated 28.07.2022 issued by the District Magistrate, East Champaran, Motihari in terms of which the vacant seats as against the Scheduled Caste and Backward Class has been illegally and wrongly reduced to nil and the appointment being shown already in excess to the total number of vacant seats and also as against the vacancy of unreserved category has been wrongly reduced from 77 (male and female inclusive) to 63 seats.

v. To issue writ/order or direction in the nature of Certiorari for quashing the letter dated 01.08.2022 issued under the signature of Deputy Secretary, by which the recommendation made in the vacancy in terms of letter dated 28.07.2021 has been approved and accordingly direction was given to proceed further after making necessary amendments in terms of the said roster.

vi. To hold and declare that noninclusion of vacancies against the Scheduled Caste and Backward Class while publishing the merit list of appointment is violative of Articles 14 and 16 of the Constitution of India and also reduction of seats under unreserved category amounts to reducing the reservation below 50% which is constitutionally impermissible.

vii. To hold and declare that the action of Respondent Authorities is also violative of Article 16(4) of the Constitution of India and against the roster reservation policy of the State of Bihar.

viii. To hold and declare that any unlawful and illegal / excess appointment made contrary to the provisions of law without compliance of Article 14 of the Constitution of India and in excess of the vacancies advertised cannot be a ground for reducing vacancies so advertised and subsequently modified by adjusting such illegal appointment as against the current advertised vacancy under the Scheduled Caste and Backward Class category.

ix. To issue writ/order or direction in the nature of mandamus directing the Respondent to issue fresh merit list after including the vacancies under the Scheduled Caste and Backward Class category as was earlier notified in terms of letter dated 02.07.2018 i.e., 12 and 06 number of seats respectively and also 77 seats as against unreserved category instead of 63 seats.

x. To pass an ex parte interim order staying the order dated 11.09.2022 by which the provisional list has been confirmed and treated as final and directed for issuance of appointment letter and/or the respondents be prevented from issuing any appointment letter and/or 10 seats may be kept vacant against which no final appointment will be made.

xi. To any other relief or reliefs for which the petitioners are found to be entitled in the facts and circumstances of the case.

3. The petitioners,

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