SHIVANAND ROY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THESE writ petitions pose the common questions based on identical factual backgrounds and with the consent of the parties, the same have been heard together and are being disposed of by this common judgment.

(2.) THE petitioners have made three fold prayers in these writ petitions: -

(3.) THE State of Jharkhand came with a legislation for providing reservation to different classes, namely, Jharkhand Reservation of Vacancies in Posts and Services (S.C., S.T. and G.B.C.) Act, 2001 [hereinafter referred to as 'the said Act']. Section 4(6)(Ka) of the said Act has been challenged by the petitioners. The said Section provides that "in case of non -availability of suitable candidates from Scheduled Castes and Scheduled Tribes for appointment and promotion against the reserved vacancies, the reservation for them in the vacancies shall continue for three recruitment years and if suitable candidates are not available even in the third year, the vacancies shall be exchanged between the Scheduled Castes and Scheduled Tribes and the vacancies so filled up by exchange shall be treated as reserved for the candidates of that particular category who are actually appointed.