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SUPREME COURT OF INDIA

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PETITIONER:

STATE OF BIHAR & ANR.

Vs.

RESPONDENT:

BAL MUKUND SAH & ORS.

DATE OF JUDGMENT: 14/03/2000

BENCH:

S.B.Majumdar, G.B.Pattanaik, V.N.Khare, U.C.Banerjee,R.P.Sethi

JUDGMENT:

S.B.Majmudar, J.

Leave granted in Special Leave Petition No.16476 of

1993.

Both these appeals, on grant of special leave under

Article 136 of the Constitution of India, are moved by the

State of Bihar, which is common appellant no.1 in both these

appeals. In Civil Appeal No.9072 of 1996 the Secretary,

Department of Personnel and Administrative Reforms,

Government of Bihar is appellant no.2, while in the

companion appeal arising from the Special Leave Petition No.

16476 of 1993, the other contesting appellant is the Special

Executive Officer-cum-Deputy Secretary, Bihar Public Service

Commission, Patna. In both these appeals, a common question

of law arises for consideration, namely, whether the

Legislature of the appellant State of Bihar was competent to

enact the Bihar Reservation of Vacancies in Posts and

Services (for Scheduled Castes, Scheduled Tribes and Other

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