Sanjit Kumar Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2457 of 2018 ======================================================

1. Sanjit Kumar Singh, Son of Kameshwar Singh, Resident of VillageJamunipur Church, P.O. Maner, P.S.- Maner, District- Patna- 801108.

2. Raman Kumar, Son of Sri Surendradeo Singh, Resident of Village- Ram Nagar, Nai Basti Maner, P.O.- Maner, P.S.- Maner, District- Patna- 801108.

3. Pramod Kumar Singh, son of Chandra Shekhar Singh, Resident of Gola Road Near St. Karens High School, Vishnu Vihar Colony, Danapur, P.S.- Danapur cum Khagaul, District- Patna, Pin Code No. - 801503. .... .... Petitioner/s

Versus

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

2. The Principal Secretary, General Administration Department, Govt. of Bihar, Patna.

3. The Principal Secretary, Home (Police) Department, Govt. of Bihar, Patna.

4. The Director General of Police, Bihar, Patna.

5. The Bihar Police Subordinate Service Commission through its Secretary, Santosh Mansion, B- Block, Near R.P.S. Law College, Raghunath Path, Danapur, Patna- 801503.

6. The Secretary, B.P.S.S.C., Santosh Mansion, B. Block, Raghunath Path, Danapur, Patna- 801503.

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

For the Petitioner/s : Dr. Mayanand Jha, Advocate Mr. Nagendra Kumar, Advocate For the Respondent/s : Mr. Sheo Shankar Prasad- SC8 For BPSSC : Mr. Sanjay Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-07-2018 Heard the parties.

In the present case, petitioner is seeking relief for reservation of Ex-Army man in the appointment of Sub-Inspector of Police having claimed that in other adjoining State and Para Military Forces the respective Government or the authority have made a provision for reservation of Ex-Army man but the State is

Patna High Court CWJC No.2457 of 2018 (5) dt.27-07-2018 2 /2 only isolated State where such provision has not been granted to the Ex-Army man. The reservation of any class either vertical or horizontal reservation lies on the wisdom of legislative and executive of the State. The reservation is not a fundamental right but it is a privilege given to certain class of persons where legislative and executive feel that they are entitled for reservation as Article 15 and 16 of Constitution of India are enabling provision to make space for the reservation of any class. The petitioner, through its organization will be at liberty to approach to the Government for redressal of his grievance. With the aforesaid observation and direction this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/Sunny U