BIRJU PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution, the petitioner has prayed for quashing the advertisement dated 3 -4 -1997, published in a daily newspaper "Aaj" on behalf of the State Project Director, Bihar Education Project Council, inviting applications for appointment to the posts of Assistant Programme Officer, Resource Person and Assistant Resource Person on short -term contract/deputation basis and to command the respondents to apply the reservation policy of the State Government in favour of the candidates of Scheduled Castes, Scheduled Tribes and Backward Classes in terms of the Bihar Education of Vacancies in Post and Services (for S.C. S.T. and Other Backward Classes) Act, 1991, Bihar Act 3 of 1992, in short "Reservation Act", against such vacancies. I have heard the learned Advocates appearing for the parties. Therefore, with their consent this application is being disposed of at this stage.

(2.) Before coming to the rival contentions, it would be apt to notice that Bihar Education Project Council (Bihar Shiksha Pariyojana Parishad), in short "B.S.P.P.", is a society registered under the Societies Registration Act and is an autonomous body for implementation of the Primary Education Programme as outlined, approved and finalised by the International Development Association (I.D.A. /World Bank). It would appear from the bye -laws of the B.S.P.P. that I.D.A./World Bank and United Nation Children Education Fund (UNICEF) are granting 85 per cent of the total cost of the project. The balance 15 per cent is to be provided by the State Government.

(3.) From the materials on record, it would appear that the main grievance of the petitioners is that in absence of any provision for reservation of the Scheduled Castes, Scheduled Tribes and Backward Classes, as provided by the State Government, the impugned advertisement is illegal. Therefore, before averting to the rival submission of the parties, it would be proper to notice some of the relevant regulations of Service Regulations of Bihar Education Project Council.