Patna High Court - Orders
Sc/St Association vs The State Of Bihar on 27 September, 2023
Author: Madhuresh Prasad
Bench: Madhuresh Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4811 of 2023
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SC/ST Association & Anr.
... ... Petitioner/s
Versus
The State of Bihar & Ors.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mrs. Ritika Rani, Advocate
: Mr. Vardaan Mangalam, Advocate
For the BPSC : Mr. Kaushal Kumar Jha, Advocate
: Mr. Amish Kumar, Advocate
: Mr. Rajan Prakash, Advocate
For the Respondent/s : Mr. Sheo Shankar Prasad (SC8)
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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL ORDER
9 27-09-2023Learned counsel for the petitioners, learned counsel for the State and learned counsel for the B.P.S.C are present.
2. The learned counsel for the petitioner, referring to the communication dated 12.07.2021, issued by the Commission, as contain in Annexure-9 to reply to the counter affidavit on behalf of the petitioner, submits that six posts which were reserved for SC and three posts which were reserved for ST were not filled up, pursuant to the process of recruitment initiated under Advertisement no. 2 of 2008. These vacancies were, thus, shown as unfilled for want of suitable and eligible candidates in the Communication. He submits that, thereafter, this is the first recruitment process, in terms of Section-4(6) of Bihar Reservation of Vacancies in Posts and Services (for Patna High Court CWJC No.4811 of 2023(9) dt.27-09-2023 2/2 Scheduled Caste, Scheduled Tribes and other Backward Classes) Act, 1991 which has been enacted in furtherance of Article 16(4)(B) of the Constitution of India. These vacancies were required to be filled up in the current recruitment process in question.
3. Let the State file a brief counter affidavit dealing with the submission whether any recruitment process has been conducted in between as also any other stand that they may take in this regard. Counter affidavit be filled within two weeks.
4. List this matter on 11.10.2023, in the same list.
(Madhuresh Prasad, J) Mayank/ShyamBihari U