Ashok Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12962 of 2024 ====================================================== Ashok Kumar Sinha Son of Late Jagarnath Prasad Singh Resident of Ward No-4, Village- Daulatpur Chandi, P.S-Hajipur Sadar, District-Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Law Department, Bihar, Patna. 3.

The Secretary-Cum-Legal Remembrancer, Law Department Bihar, Patna. 4.

The Joint Secretary-Cum-Member, Selection Committee, Law Department, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar No. 1, Advocate For the State :

Mr. P.K Shahi, AG Mr. Vikas Kumar, Advocate Mr. Amish Kumar, Advocate Mr. Sanjiv Kumar, Advocate Mr. Prabha Narayan Sharma, Advocate Mr. Manish Dhari Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 04-09-2024 The petitioner is concerned with Rule 5 (2)(d) of the Bihar Law Officers (Engagement) Rules, 2023. The petitioner submits that there is no clarity in the said Rule as to the reservation contemplated and this works against Section 4 of the Bihar Reservation Act, 1991 (in short 'the Act'). The petitioner contends that the very same reservation as applicable in Section 4 of the Act has to be brought in, in the challenged Rule since otherwise it would create an anomalous situation.

Patna High Court CWJC No.12962 of 2024(2) dt.04-09-2024 2/3

2. We have to first notice that the Reservation Act is to provide reservation for direct recruitment to public services in which the appointments are made from the general public. The engagement of Law Officers is not an appointment as such and is hence regulated by the Bihar Law Officers (Engagement) Rules, 2023 as is brought out by the State now. The decision to grant reservation or not is a policy decision of the Government and it cannot be precipitated by judicial orders.

3. We, specifically, find that the challenged Rule only provides for proper representation of all sections of the society which is the declared policy of the Government.

4. The petitioner has also relied on State of Punjab & Anr. vs Brijeshwar Singh Chahal & Anr; (2016) 6 SCC 1 to further buttress the challenge. The Hon'ble Supreme Court in the cited decision only held that there should be a fair, reasonable, transparent, objective and credible selection carried out of Law Officers of the State. The impugned Rule is in compliance of the directions. It was emphasized by the Hon'ble Supreme Court that capable Advocates are to be appointed, not only to uphold the Rule of Law but also assist Courts in doing complete justice; since the performance of the Law Officers affect public interest and enhances the quality of justice delivery. The

Patna High Court CWJC No.12962 of 2024(2) dt.04-09-2024 3/3 specific claim raised herein of reservation has not been referred to at all.

5. We find absolutely no reason to interfere with the challenged Rule and the writ petition stands dismissed. (K. Vinod Chandran, CJ) (Partha Sarthy, J) Shiv/- U