DINESH PRASAD Vs. AMOD KUMAR VERMA

JUDGEMENT

(1.) These three letters patent appeals are directed against the judgment of the learned Single Judge dated 11th August, 1993 passed in a batch of writ applications, namely, C.W.J.C. Nos. 1626, 3630, 3958 and 5556 of 1991. The entire controversy centres around the question as to, whether the reservation meant for most backward class under the carry-forward rule will continue for three recruitment years or can be dereserved after three calendar years and can be filled up by persons belonging to backward class. The learned Single Judge in the judgment under appeal has come to the conclusion that the reservation meant for "most backward" category shall continue for three recruitment years and cannot be dereserved at any prior point of time. The learned Judge has further held that the appointment of the persons belonging to backward category in place of most backward category for whom the posts have been kept reserved is illegal and, therefore, they must make way for persons belonging to most backward class. In implementation of the aforesaid direction of this Court, the Government having annulled the appointment made is favour of the backward class, C.W.J.C. No. 4300 of 1995 has been filed by the persons belonging to backward class.

(2.) The short facts necessary for answering the point in issue are that in the State of Bihar there is reservation for Scheduled Caste, Scheduled Tribe, Backward Class and Most Backward Class. Under the Road Construction Department 100 posts of Assistant Engineers were reserved for most backward class. An advertisement had been issued to find out qualified candidates belonging to the most backward class for appointment against those posts. Under the reservation policy in the State 12 percent of the posts are kept reserved for most backward class, initially the Bihar Public Service Commissioned issued Advertisement No. 53 of 1988 wherein 179 posts had been kept reserved for most backward class. After the tests were held only 79 candidates belonging to most backward class were found suitable who were duly appointed. As against the balance 100 posts no further advertisement has been issued by the Commission to find out eligible persons belonging to most backward class. On the other hand, under the orders of the Chief Minister, these posts were dereserved and against those posts persons belonging to backward class were appointed. Hence, the intending applicants belonging to the most backward class had filed the four writ applications which were disposed of by the common judgment dated 11th August, 1993 and is the subject matter of the three L.P.As. Out of the three letters patent appeals, one has been filed by the State of Bihar and two others have been filed by two other persons belonging to backward class.

(3.) Mr. Jha, learned Counsel appearing for the State of Bihar and Mr. Singh appearing for the Appellant in one of the letters patent appeals filed by the person belonging to the backward class as well as Mr. Basudeva Prasad appearing for the Appellants in the other letters patent appeals contended that the flearned Single Judge committed gross error in holding that the reservation and carry-forward rule in favour of most backward class shall continue for three recruitment years since there is not an iota of material to bring in the concept of recruitment year in the matter of carry-forward rule. According to learned Counsel appearing for the Appellants in the letters patent appeals, the expression "three years" in the relevant circular would only mean three calender years. It was also further contended that there is no lack of power with the State Government to make dereservation at any time and since denervation has been made under the order of the Chief Minister, there is no infirmity in the order and, therefore, the learned Single Judge committed gross error of law in recording the finding that there has been infraction of carry-forward rule and further directing the appointees as against the reserved posts meant for most backward class to give way for appointment in favour of the most backward class.