RASHID RAIS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) In 1991 an advertisement was published inviting applications for filling up vacant posts of Munsifs and Judicial Magistrates, which entailed holding of the 24th Bihar Judicial Service Examination. This advertisement, amongst others, provided that 122 posts so advertised shall remain reserved for candidates belonging to Other Backward Class communities. This clause, as contained in the said advertisement, was the subject matter of litigation initiated in this Court and concluded before the Hon'ble Supreme Court. When the matter reached the Hon'ble Supreme Court, an interim order was passed on 16.11.1995 whereby and under the Hon'ble Supreme Court provided, amongst others, that question of filling up the reserved posts will not arise and they shall remain in abeyance, but if after the Hon'ble Supreme court decides the issue of reservation and selections are made even thereafter and appointments are made, they will be entitled to their respective seniority at the slots available as on the date of appointment of General Category candidates.

(3.) Ultimately the said lis came to be finally settled by the judgment of the Hon'ble Supreme Court rendered in the case of State of Bihar v. Balmukund Sah, 2000 2 SCR 299 wherein the Hon'ble Supreme Court upheld the decision of this Court that such reservation is outside the provisions of law governing the subject recruitment and, accordingly, concluded the matter by issuing a direction upon the authorities to work out the rights of the selected candidates for being appointed to the said posts governed by the Bihar Civil Services (Judicial Branch) (Recruitment) Rules, 1955 keeping in view the directions contained in the interim order of the Hon'ble Supreme Court dated 16th November, 1995.