BAL MUKUND SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Writ petition involves questions relating to interpretation of Article 233 of the Constitution of India. The precise questions for consideration are (i) Whether it is open to the Governor i.e. the State Government to reserve posts in making direct recruitment's of Additional District Judges contrary to the advice of the High Court? and (ii) Whether the provisions of the Bihar Reservation of vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991 (Bihar Act 3 of 1992) (hereinafter referred to as 'the Reservation Act') are applicable to the Judicial Service in the State of Bihar?

(2.) THE petitioners, who are advocates practicing in the Civil Courts at Jamui in the State of Bihar, have filed this writ petition in their personal capacity as also purporting to represent the interest of similarly situate advocates of the State seeking appropriate writ for quashing the advertisement dated June 16, 1994 inviting applications for recruitment of Additional District and Sessions Judges from Bar to the extent it purports to reserve posts for the Scheduled castes. Scheduled tribes. Backward classes etc. and to fix the upper age limit at 45 years. They have also prayed for declaration that the provisions of the Reservation Act are void and inoperative in so far as they relate to the Bihar Superior Judicial Service.

(3.) THE writ petition filed on August 8, 1994 came up for preliminary hearing on October 4, 1994, the writ petition was admitted to hearing. An interim order was passed directing the State Government to issue a corrigendum advertisement suitably modifying the Clause of the advertisement by which upper age limit had been fixed, in consonance with the advice of the High Court to fix the upper age limit at below 50 years with reference to last date of receipt of the application, and to accept the applications of the petitioners and other similarly situate persons who by reason of the impugned term of the advertisement were overage provisionally subject to the result of the writ petition.