Vikash Kumar v. The Honble Patna High Court
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.777 of 2023 In Civil Writ Jurisdiction Case No.5539 of 2023 ====================================================== Vikash Kumar, Son of Suresh Kumar Ishwar, Resident of Village-Maranchi, P.S.-Bachhwara, District-Begusarai.
... ... Writ petitioner-Appellant/s
Versus
1.
The Honble Patna High Court, through its Registrar. 2.
The Registrar General, Honble Patna High Court, Patna. 3.
The Registrar, Establishment, Hon'ble Patna High Court, Patna. 4.
The Assistant Registrar, Hon'ble Patna High Court, Patna. 5.
The Deputy Registrar, Hon'ble Patna High Court, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Suresh Kumar Ishwar, Advocate For the Respondent/s :
Mr. Satyabir Bharti, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 14-07-2023
1. The appellant, who was the petitioner before the learned Single Judge, sought for interference to the selection initiated to the posts of Assistants in the High Court of Patna on the ground of 2% reservation to the grand-sons and grand-daughters of freedom fighters having not been implemented.
2. The appellant contended that the State Government as per its reservation policy took a decision to
Patna High Court L.P.A No.777 of 2023 dt.14-07-2023 2/3 reserve 2% of the vacancies for the grand-sons and granddaughters of the freedom fighters by Annexure-4 dated 18.02.2016.
3. The learned Single Judge found that The Patna High Court Officers and Staff (Recruitment, Appointment, Promotion and Other Conditions of Service and Conduct) Rules, 2021 (for brevity, 'the Rules of 2021') by Rule 10 provided for reservation in direct recruitment to the various categories of posts in the 'Establishment' for Scheduled Castes, Scheduled Tribes, Backward Classes, Extremely Backward Classes, Economically Weaker Sections of the State; horizontal reservation for Women & Orthopedically Handicapped. The reservation for other categories, if any, was to be made in accordance with the orders issued by the Chief Justice from time to time having due regard to the legislative enactment and others issued by the Governor of Bihar. There was no order issued by the Chief Justice for reservation of any other categories and in that circumstance, the writ petition was dismissed.
4. We find no reason to interfere with the judgment dated 11.05.2023 passed in CWJC No.5539 of
Patna High Court L.P.A No.777 of 2023 dt.14-07-2023 3/3 2023 by a learned Single Judge and reject the Letters Patent Appeal.
(K. Vinod Chandran, CJ) ( Partha Sarthy, J) Sunil/- AFR/NAFR NAFR CAV DATE Uploading Date 18.07.2023 Transmission Date