JAI GOBIND PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This case has come up before the Special Bench in view of the order dated the 4th of December, 1990 which will speak for itself. Learned Division Bench has doubted whether the writ court has the authority to give the directions as given in C.W.J.C. Nos. 2004/88 and 1010/88.

(2.) We have gone through the matter including the order passed in C.W.J.C. No. 2004/88, dated the 5th of May, 1988 by a Division Bench of this Court. In our opinion, there has been some misunderstanding in this matter. There is a Circular dated 5-5-1987 regarding the recruitment of retrenched census employees by which they have been given preference in the matter of appointment if found otherwise eligible for the post. In that case, a stand was taken that 50% of the seats were reserved, but no order was produced to that effect before the Court or before us. Accordingly, the Division Bench issued direction to the District Magistrate, Saran, to absorb the petitioners of that case others similarly situated persons (retrenched Census staff) to suitable posts. However, the Division Bench further directed that until they are so absorbed, the respondents are not to appoint any one from open market. This order was passed on the basis of the order passed in C.W.J.C. No. 1010/88.

(3.) We are of the opinion that unnecessary complications have been created in this case. There is a Circular bearing No. 4/JANGANAN-5/86-615 and the authorities are to carry out the directions contained in the Circular in toto unless and until it is modified in accordance with law. No such modification or reservation has been produced before us. The only 'reservation', which is contemplated in the Circular, is in Clause 4 and nothing else. There is nothing in this Circular to the effect that no one can be appointed from the open market, untils and unless the Census employees are absorbed. Accordingly, we dispose of this application by passing the following order: