SHYAM BADAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the judgment and order dated September 22, 1996 passed by a learned Single Judge of this court disposing of C.W.J.C. Nos. 4 and 1430 of 1996. The appellants were the petitioners in C.W.J.C.No.1430/96. They came to this court in the aforesaid writ petition making grievances that in the Bihar Engineering Service Class I in the cadre of Executive Engineer, members of the Scheduled Castes were given promotions far in excess of the reservation quota admissible to them. The appellants accordingly prayed for a direction to the respondent authorities to revert the members of the Scheduled Castes promoted as Executive Engineers in excess of the reservation quota and to fill up those vacancies by giving promotion to the officers belonging to the general category to which the writ petitioners -appellants belong.

(2.) IN the judgment and order coming under appeal the learned single judge found that the petitioners ' claim was without any substance or merit and consequently dismissed the writ petition. On the basis of the averments made in the counter affidavits filed on behalf of the State and some of the private respondents it was held that the members of the Scheduled Castes being in excess of their reserved quota in the cadre of Executive Engineer was explained in the following manner; the Scheduled Castes undeniably enjoyed reservation to the extent of 14%, while reservation admissible to the members of the Scheduled Tribes was to the extent of 10%. It was stated on behalf of the respondents that in case members of the Scheduled Tribes were not available, the posts reserved for them are required to be carried forward for the next three years and in the event no member of the Scheduled Tribes was available for promotion even after three years, those vacancies were to be released for the Scheduled Castes in terms of Section 4(6) (a) of the Bihar Reservation of Vacancies in Posts and Services (For Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991 (for short 'Reservation Act, 1991 '.) The learned Single Judge took into consideration the above explanation given on behalf of the respondents and on examining the provision of Clause (a) of sub -section 6 of section 4 of the Reservation Act, 1991 found and held that there was valid and satisfactory explanation for the number of the Scheduled Castes officers being in excess of the reservation quota available to them in the cadre of Executive Engineer. The learned Judge accordingly dismissed the writ petition.

(3.) /1/2013 Page 78 8. That the statement made in paras 12 and 13 of the writ application is not correct and hereby denied. That in fact, under control of Road Construction Department there are 502 posts of Executive Engineer as enumerated below : -