Duryodhan Gope and Subir Kumar v. State of Jharkhand
2011-07-07
P.P.BHATT, PRAKASH TATIA
body2011
DigiLaw.ai
JUDGMENT 1. Petitioners have filed these writ petitions in the year 2002 raising a grievance based on the constitutional right that in the district of Singhbhum(West) and other four districts namely, Gumla, Latehr , Simdega and Dumka, no reservation has been provided to the other backward classes. 2. The Respondent State submitted the reply and stated that from the calculation given by them it is clear that S.C. and S.T. jointly require 81.15% reservation against which only 73% reservation has been granted and priority is required to be given to the members of S.C. and S.T. according to the constitutional provision. 3. Be that as it may, after filing of these writ petitions and filing of reply by the State, much water has flown and the issue has been considered by the Hon'ble Supreme Court in various decisions and specific guidelines have already been given for upliftment of the poor in consonance with Article 16(4A) of the Constitution of India also. 4. Learned Counsel for the State submitted that the State is proceeding to examine the issue in the light of previous judgment delivered in the case of M. Nagraj v. Union of india and Ors. reported in 2006(8)SCC 212as well as in the light of the recent judgment delivered in the case of Suraj Bhan Singh Meena and Anr. v. State of Rajasthan and Ors. reported in 2011(1)SCC 467. 5. Since the matter is of public importance and writ petitions remained pending before this for about nine years and this Court has also passed order on 30th April, 2008 directing the State to clarify the position therefore, we are disposing of both the writ petitions with direction to the State Government to take a decision in consonance with the provisions of the Constitution as well as in furtherance of the policy of the Government and convey the decision of the Government to the writ Petitioners and the writ Petitioners, if feel aggrieved still after the decision of the Government, may again approach this Court by filing a writ petition. We are making it clear to the State Government that the State Government should apply its mind and take a decision in the light of the directions issued in various judgments and in furtherance of their own policy to do justice with the poor persons.