BIHAR POLICE MENS ASSOCIATION Vs. STATE OF BIHAR

JUDGEMENT

(1.) FOR appointment as constables in the Bihar Military Police -16, applications were invited from Ex -service men by advertisement (Annexure 6) published in the daily 'Aaj ' of November 6, 2000. By order, dated 15.1.2001 (Annexure 7) issued by the Deputy Inspector General, Police (Human Rights), a committee was constituted for making selection for appointment on the vacant posts of constable in B.M.P. -16. In that order it is also stated that appointment to the vacant posts of constables in Bihar Military Police -16 will be made following the law of reservation as enacted by the Government of Bihar.

(2.) THE Bihar Police Mens Association and the Association 's Mantri who are petitioners 1 and 2 respectively feel aggrieved by the order, dated 15.1.2001 in so far as it states that appointments will be made following the law of reservation as in existence in this State.

(3.) TO me it appears that to describe the battalion, namely, B.M.P. -16 as being 'reserved ' for Ex -Service men is both misconceived and self defeating. It is self defeating because if it were held that the battalion was reserved for Ex -Service men, it would appear that the reservation was to the extent of cent percent as on the petitioners ' own showing the battalion is raised exclusively from Ex -Service men. It is well settled that the extent of reservation cannot exceed 50% and can in no case be cent percent. Therefore, if the submission of Mr. Kanth were to be accepted, then atleast half of the battalion will have to be 'dereserved ' to be filled up from non -service men.