The Patna high court had recently dismissed the plea of Vikash Kumar which was inclined in providing the reservation to the grandchildren of the freedom fighters for the recruitment for Assistant positions in the high court. The Patna high court had invited the application for the posts of Assistant (group B) posts[1]. The advertisement mentioned that the reservation would be for SC, ST, EBC, and EWS. But it did not display the reservation of freedom fighters’ grandchildren. This was the ground based on which the petition was filed by Vikash Kumar.
Dealing with the same matter, Justice Rajeev Ranjan Prasad said that the advertisement for the same is not providing for the reservation of grandchildren of the freedom fighters.
Vikash Kumar further cited a 2016 state government notification that ensured 2% reservation for such category[2]. He argued that this notification should be taken into account and applied to the ongoing recruitment process for Assistant positions within the Patna High Court.
By maintaining consistency with the existing reservation policy, the court aimed to uphold transparency and ensure that the recruitment process adhered to the provisions stated in the advertisement. Finally, the court dismissed the plea of Vikash Kumar as the court had considered the rule 10 of the Patna High Court officers which states that the Chief Justice in view of legislative enactments and orders by the governor of Bihar could pass the orders[3]. The reservation would be operated as per the orders of the concerned Chief Justice.
As the existing advertisement did not address the reservation for the grandchildren of freedom fighters, the court determined that the reservation policy, as stated in the advertisement, would be upheld, and no additional reservation would be granted.
Written by- Aniruddh Atul Garg, a student under ILSR, GLA University, Mathura, 2nd Semester, an intern under Legal Vidhiya
[1] LAW TREND, https://lawtrend.in/patna-hc-dismisses-plea-seeking-reservation-for-grandchildren-of-freedom-fighters-in-hcs-recruitment/amp/ (last visited 17th May 2023).
[2] Ibid
[3] Ibid
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