Patna High Court Dismisses Plea Seeking Reservation For Freedom Fighters' Grandchildren In Recruitment Of Assistants In HC

The Patna High Court recently dismissed a petition seeking reservation for grandchildren of freedom fighters in the recruitment for the position of Assistants in the High Court.

The petition was filed by Vikash Kumar after the High Court invited online applications on 03-02-2023 from eligible candidates for appointment to 550 vacant posts of Assistants (Group B) in the Patna High Court. The advertisement detailed the available posts and the reservation provided for different categories, including Schedule Castes (SC), Schedule Tribes (ST), Extremely Backward Classes (EBC), and Economically Weaker Section (EWS). However, it did not mention any reservation for the grandchildren of freedom fighters.

The petitioner, who identified himself as a grandson of a freedom fighter, relied on a notification issued by the State Government on 18.02.2016 which stipulated that a 2% reservation would be provided to grandchildren of freedom fighters. The petitioner argued that the High Court and other respondent authorities were obligated to adhere to the reservation policy of both the Central Government and the State Government.

The petitioner also cited Rule 10 of the Patna High Court Officers and Staff Rules, 2021, which pertains to reservation, and reads as under:-

“10. Reservation.- Reservation in direct recruitment to the various categories of posts in the ‘Establishment’ in favour of the members of Scheduled Castes, Scheduled Tribes, Backward Classes, Extremely Backward Classes, Economically Weaker Sections (EWSs) of the State (who are not covered under the existing scheme of reservation for the SC, ST, BS, EBC); horizontal reservation for Women & Orthopedically Handicapped and reservation for other categories, if any, shall be in accordance with the orders issued by the Chief Justice from time to time having due regard to the legislative enactment and orders issued by the Governor of Bihar from time to time on the subject.”

However, the counsel representing the high court contended that Rule 10 allows for reservation in other categories only if an order was issued by the Chief Justice in accordance with the legislative enactments.

The bench found merit in the submission and dismissed the writ application.

“Admittedly, no order providing for reservation for any other categories has been issued by Hon’ble the Chief Justice. In such circumstances, the prayer for quashing of the advertisement is devoid of merit. The examination has already been conducted,” said the court.

Case Title: Vikash Kumar Vs. The Hon’ble Patna High Court Civil Writ Jurisdiction Case No.5539 of 2023

Appearance :

For the Petitioner/s : Mr. Suresh Kumar Ishwar, Advocate

For the Respondent/s : Mr. Satyabir Bharti, Advocate Ms. Kanupriya, Advocate Ms. Sushmita Sharma, Advocate Mr. Abhishek Anand, Advocate

Click Here To Read/Download Order