N.N. Tiwari, J.- These writ petitions pose the common questions based on identical factual backgrounds and with the consent of the parties, the same have been heard together and are being disposed of by this common judgment.

2. The petitioners have made three fold prayers in these writ petitions:-

(i) For declaring Section 4(6) of the Jharkhand Reservation of Vacancies in Posts and Services (S.C., S.T. & OBC) Act, 2001 ultra vires, being violative of the provisions of Article 16 of the Constitution of India.

(ii) For quashing Memo No. 2377 dated 13.6.2007 (Annexure-5) whereby the respondent Nos. 4 & 5 have published the provisional seniority list of Executive Engineers by giving benefit of 85th Amendment of the Constitution of India to the Scheduled Castes and Scheduled Tribes without following the guidelines framed by the Hon'ble Supreme Court in the case of M. Nagraj & Ors. vs. Union of India & Ors. [2006(8) SCC 212].

(iii) For direction on the respondents not to grant promotion to the Scheduled Castes and Scheduled Tribes Officers in excess of their quota in pursuance of 85th Amendment of the Constitution of India contrary to the guidelines of the Hon'ble Supreme Court