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2010 DIGILAW 268 (PAT)

Dayanand Singh v. Government Of Bihar

2010-03-04

DIPAK MISRA, RAMESH KUMAR DATTA

body2010
JUDGEMENT 1. By this writ petition, the petitioner has prayed for following reliefs: (i) Issuance of an order, direction or an appropriate declaration that Rule 3A of the Bihar Judicial Services (Recruitment) Rules, 1955 (in short the Rules), is ultra vires, the Constitution of India. (ii) Issuance of an order, direction or writ in the nature of certiorari quashing Memo No. 7/A-1-210/200 Ka 6067 dated 25.6.2009 whereby notification has been issued amending the 1955 Rules, by inserting Rule 3A in the said Rules. (iii) Issuance of an order, direction or an appropriate declaration that the aforementioned Rule 3A suffers from the vice of procedural ultra vires. (iv) Issuance of an order, direction or writ in the nature of certiorari quashing that part of advertisement No. 45/ 2009 dated 3.7.2009 whereby provision has been made for providing reservations in terms with Bihar Reservation of Vacancies in Posts and Services (For Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act 1991, (as amended from time to time). (v) Issuance of an order, direction or writ in the nature of mandamus commanding the respondent authorities to make appointment on the posts of Civil Judge (Junior Division) without providing reservations to any category/class save and except the Scheduled Castes, Scheduled Tribes. (vi) Any other relief or reliefs to which the petitioners may be found entitled to in the facts and circumstances of the case." 2. In course of hearing a fundamental question raised for consideration is whether there has been effective consultation with the High Court by the State Government. 3. On the last occasion Mr. P.K. Shahi, learned Advocate General prayed for some time to obtain instructions from the competent authorities of the State. At that juncture, Mr. Chitranjan Sinha, learned Senior Counsel being instructed by Mr. Amish Kumar, for the High Court, did not object to the same. 4. When the matter was taken up today Mr. P.K. Shahi, learned Advocate General after obtaining instructions submitted that the State has no objection to have re-consultation with the High Court so that something positive may ensue. Learned Advocate General submits that some time may be fixed for consultation process so that there can be effective and real consultation keeping in view the constitutional goals and philosophy and the principles of reservation. Learned Advocate General submits that some time may be fixed for consultation process so that there can be effective and real consultation keeping in view the constitutional goals and philosophy and the principles of reservation. It is stated by him that he has no objection, if the rule in question, namely, amended Rule 1A of the Bihar Judicial Services (Recruitment) Rules, 1955 is kept in abeyance and the interim order passed by this Court on 23.12.2009 is kept in vogue. 5. Mr. Chitranjan Sinha, learned Senior Counsel appearing for the High Court has no objection to the same. 6. In view of the aforesaid position of other issues being kept open, it is directed that there shall be consultation with the State Government and the High Court within a period of six weeks and till then the amended Rules shall be kept in abeyance and the interim order shall remain in vogue. The High Court and the State Government shall act keeping in view norms of consultation so that the time schedule fixed by us would ordinarily hot get extended. 7. At this juncture, a suggestion is given to Mr. P.K. Shahi, learned Advocate General (though the same is not the lis in this writ petition) whether the State Government should clear the names that had been recommended for the posts of Additional District Judge. 8. Mr. P.K. Shahi, learned Advocate General fairly states that the said names shall be cleared within a week hence, subject to the condition that there would be consultation for the posts in the said cadre in future. 9. In view of the aforesaid submissions, it is directed that the names that have been recommended for the posts of Additional District Judge be cleared within a week hence and there shall be consultation for the posts in the said cadre by the State Government with the High Court in future. 10. The matter be listed for further hearing on 22.4.2010 at 2 P.M. 11. Let a free copy of the order be handed over to Mr. Arup Kumar Chongdar, learned A.C. to A.A.G.-II by 5.3.2010.