Whether reservation based on the location of educational institutions (Matric/Intermediate) constitutes an impermissible domicile-based reservation under Article 16(3) of the Constitution of India.

ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

2 03-02-2026 This writ petition has been filed by the petitioners for the following reliefs:

“(1) For issuance of appropriate writ(s)/ including Declaration declaring Notification dated 05.08.2025 purporting to amend the Bihar School Teacher (Appointment, Transfer, Disciplinary Proceedings & Service Conditions) Rules, 2023 (issued by the Education Department, Govt. of Bihar) and the impugned Advertisement(s) to the extent they:

(i) confine vertical reservations (SC/ST/OBC/EWS) to Bihar domiciles,

(ii) reserve 35% of Unreserved 40% seats for women from Bihar, and

iii) impose the requirement that only candidates who passed Matric/Intermediate in Bihar are eligible for the "Unreserved pool, as unconstitutional, ultra vires Articles 14, 16(1), 16(2) & 16(3), and void.

(II) For issuance of appropriate writ(s)/ including Declaration by the Additional Chief Secretary, Department of General Administration, Government of Bihar, Patna in Sanklp No.12575 dated 09.07.2025 purporting to amend in all the appointment post of Bihar government services and post and the impugned Advertisement(s) to the extent they:

(i) confine vertical reservations (SC/ST/OBC/EWS) to Bihar domiciles, (ii) reserve 35% of Unreserved 40% seats for women from Bihar domicile

(III) Issue a writ of Mandamus/Prohibition directing the Respondents to re-issue/modify the advertisement(s)/rules/notification to permit nation-wide competition in the Unreserved category and to remove domicile/education-from-Bihar filters, except to the extent permitted by a valid Parliamentary law under Article 16(3).

(IV) Pending the petition, stay (a) the operation of the impugned Notification/clauses and (b) the ongoing recruitment insofar as it applies the above domicile/education restrictions, and permit provisional acceptance of applications from all otherwise-eligible candidates irrespective of domicile/place of schooling, subject to final outcome.

(V) For grant of any other relief (s) which the petitioner may be entitled to in the facts and circumstances of the case.”

2. Learned counsel for the petitioners has placed the reliance on the amended Bihar State School Teacher (Appointment, Transfer, Disciplinary Proceedings & Service Conditions) Rules, 2023 and he submits that Rule 6(v) which has been inserted after 6(iv), is constitutionally invalid as it provides for domicile or residence based reservation. Rule 6(v) as amended reads as follows:

“6(v) 40 percent of the total vacant posts for appointment to the post of School Teacher shall be filled by candidates who have passed Matriculation or Intermediate from educational institutions situated within the State of Bihar.

Provided that if eligible candidates are not available against 40 percent of the vacancies, such remaining vacancies may be filled by eligible candidates of the category who qualify for 60 percent of the vacancies."

3. The learned counsel for the petitioners placed before us the judgment of the three Judge Bench of the Hon’ble Supreme Court in case of Dr. Tanvi Behl vs. Shrey Goel and Ors. dated 29.01.2025 reported in 2025 INSC 125, wherein, in paragraph no. 5, it has been held as follows:

“(5). Now, the Division Bench after framing of questions stated above, referred the matter to this larger Bench. Let us straight away answer the questions first: So far as question no. 1, which is whether providing for domicile/residence-based reservation in admission to "PG Medical Courses within the State quota is constitutionally invalid and impermissible is concerned, our answer is in the affirmative. Yes, it is constitutionally invalid. In other words, providing