SUDHLRKUMARTHAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Although various points, including the validity of the notification dated 11-11-1979 making reservation in the teaching post in Medical Colleges for the members of the Scheduled Castes and Scheduled Tribes as well as the provisions of Section 4 of the Bihar Reservation of Vacancies in Posts and Services (For Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1991 (hereinafter referred as 'the Act'), have been raised in this petition, learned counsel for the petitioners has confined his attack only against the purported reservation for other Backward Classes (Extremely Backward Classes, Backward Classes and Women Backward Classes) in the posts of Registrar, Tutor or Assistant Professor of the Medical Colleges made by posting the members of the Bihar Health Services by selection.

(2.) The Bihar Health Service was constituted by notification No. 2A/A3-102/66-2100 (2)-H, dated 2.5.1967, issued by the Government of Bihar, Health Department, the relevant part whereof is as follows :

(3.) Following acceptance of the Recommendation of the Mandal Commission, the State of Bihar enacted the Bihar Reservation of Vacancies in Posts and Services (For Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1991. Section 4 of the said Act having bearing in the case is as follows : "4, Reservation for direct recruitment.- All appointments to services and posts in an establishment which are to be filled by direct recruitment shall be regulated in the following manner, namely : <FRM>JUDGEMENT_755_BLJ1_1996Html1.htm</FRM> Provided that the State Government may, by notification in the official Gazette, fix different percentage for different district in accordance with the percentage of population of Scheduled Castes/Scheduled Tribes and other Backward Classes in such districts: Provided further that in case of promotion, reservation shall be made only for Scheduled Castes/Scheduled Tribes in the same proportion as provided in this section." The provision of sub-section (2) of Section 4 of the said Act was amended by Bihar Ordinance No. 18 of 1993 as follows : "(2) The vacancies from different categories of reserved candidates from amongst the 50% reserved categories' shall subject to other provisions of the Act, be as follows : <FRM>JUDGEMENT_755_BLJ1_1996Html2.htm</FRM>