JAY NANDAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed for quashing the order of the Commissioner, Magadh Division, dated 10.6.94 and for a B direction to the Respondents to limit the extent of reservation for all categories to 50% in the matter of appointment on the post of Panchayat Sewak and to consider the case of the Petitioners according to the roster laid down in the circular of the Personnel and Administrative Reforms Department dated 13.4.94.

(2.) The dispute relates to appointments of Panchayat Sewaks from amongst the Dalpatis in the district of Jehanabad in terms of the circular of the Rural Development Department dated 24.6.89 (Annexure-1). There are 146 sanctioned posts of Panchayat Sewak in the said district as against which 28 posts are vacant. A writ petition being C.W.J.C. No. 8843 of 1992 was filed in this Court for direction to the Respondents to fill up the vacancies. In the light of the direction made in the said writ petition as also in M.J.C. No. 300 of 1994 step were taken to make the appointments. The District Magistrate, Jehanabad, requested the Commissioner, Magadh Division, to clear the roster by his letter dated 17.5.94 stating, inter alia, that out of 28 available vacancies on the post, 8 are reserved for the Scheduled Caste category, 4 are reserved for the Most Backward class category and 2 for the Backward class category. According to the Petitioners, appointments on the post should be made according to the break-up of the reservation as mentioned in the said letter.

(3.) As per Annexure-M, the correctness of which has not been disputed by the Petitioners, out of the sanctioned 146 posts of Panchayat Sewaks in the district, the quota of scheduled castes and scheduled tribes categories, 26% and 1% respectively in the district, comes to 32 as against which only 12 posts are filled up by the candidates of the said categories. In other words, 20 posts of their quota are still vacant. The Divisional Commissioner appears to have issued the impugned communication dated 10.6.94 directing that the available vacancies be filled up from the candidates of the Scheduled Castes and Scheduled Tribes categories, treating them to be 'backlog'. It, however, appears from the minutes of the Selection Committee dated 2.7.94, Annexure-K to the counter affidavit, that the selection has been made as per circular of the Personnel and Administrative Reforms Department dated 9.2.82 and the above-said roster dated 13.4.94. According to the circular dated 9.2.82, total reservation in a particular year in respect of the current vacancies as well as the carried forward vacancies cannot exceed 50%. Further, according to the roster dated 13.4.94 (Annexure-5), as applicable to the district of Jehanabad, the 2nd, 5th, 10th, 14th, 18th, 22nd, 24th (and so on) vacancies are to be filled up by the candidates of Scheduled castes; the 86th vacancy is to be filled up by the candidates of the Scheduled tribes; 4th, 16th, 20th, 26th (and so on) vacancies are to be filled up by the candidates of the Most Backward class category; 8th, 12th, 30th (and so on) vacancies are to be filled up by the candidates of the Backward class category; and finally, 38th and 88th vacancies are to be filled up from amongst women of Backward class category. We have carefully examined the minutes of Selection Committee (Annexure- K) from which it appears beyond any shadow of doubt that the selection has been made strictly according to roster as laid down in the circular dated 13.4.94. While making the selection, 14 our of 28 available vacancies only were treated as reserved for the candidates of the Scheduled caste category as against their balance quota of 20. As against the 14 vacancies, only 7 persons have actually been selected. The rest 7 have been kept vacant to be filled up by direct recruitment as per the procedure laid down in circular dated 24.6.89 itself. In that view of the matter, it is obvious that the impugned direction of the Commissioner, Magadh Division, dated 10.6.94 has not been acted upon.