Ram Chandra Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12827 of 2015 =========================================================== Ram Chandra Prasad, S/o late Bhengraj Prasad, R/o Mohala Shanty Bihar Colony, road no. 26, Rajiv Nagar, P.O Keshri Nagar and P.S Digha Distt Patna Sachiv Akhilbhartiya (Gond), Adivasi Sang, Brach Bihar Registration No. 42824. .... .... Petitioner/s

Versus

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

2. The Principal Secretary, Department of Personnel and Administrative Reforms Department, Govt. of Bihar, Patna.

3. The Secretary, Schedule Caste/Schedule tribe Welfare Department, Government of Bihar, Patna.

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

For the Petitioner/s : Mr. Rewti Kant Raman, Advocate. For the Respondent/s : Mr. Lalit Kishore, PAAG-1. =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 20-12-2016 The petitioner has claimed 5% reservation for Scheduled Tribes in the State of Bihar as against 1% provided to the Scheduled Tribes at present.

In the counter affidavit, it has been pointed out that the reservation has been provided under the Bihar Schedule Castes, Scheduled Tribes and Other Backward Classes Act, 1991 as amended by the Bihar Act 17, 2002.

The petitioner has not challenged the illegality of such Act. Still further, what should be extent of reservation; it is for the legislature to decide. This Court in exercise of judicial review cannot

Patna High Court CWJC No.12827 of 2015 dt.20-12-2016 2/2 direct that reservation should be 5% and not 1%. The writ application is thus dismissed.

(Hemant Gupta, ACJ) (Dinesh Kumar Singh, J) Mishra AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 23.12.2016 Transmission Date