Recently, the Patna High Court rejected a petition seeking reservation in the recruitment for the position of Assistant in the High Court for grandchildren of freedom fighters.

The petition was filed by Vikash Kumar after the High Court invited online applications on 03-02-2023 from eligible candidates for appointment to 550 vacant posts of Assistants (Group B) in the Patna High Court.

The advertisement detailed the available posts and the reservation provided for different categories, including Schedule Castes (SC), Schedule Tribes (ST), Extremely Backward Classes (EBC), and Economically Weaker Sections (EWS). However, it did not mention any reservations for the grandchildren of freedom fighters.

The petitioner submitted that he is the grandson of a freedom fighter, and relied on a notification issued by the State Government on 18.02.2016 which states that 2% reservation would be given to grandchildren of freedom fighters.

During an argument, the petitioner argued that the High Court and other authorities were obligated to adhere to the reservation policy of both the Central Government and the State Government.

The petitioner also mentioned Rule 10 of the Patna High Court Officers and Staff Rules, 2021, which pertains to a reservation, and reads as under:-

“10. Reservation.- Reservation in direct recruitment to the various categories of posts in the ‘Establishment’ in favour of the members of Scheduled Castes, Scheduled Tribes, Backward Classes, Extremely Backward Classes, Economically Weaker Sections (EWSs) of the State (who are not covered under the existing scheme of reservation for the SC, ST, BS, EBC); horizontal reservation for Women & Orthopedically Handicapped and reservation for other categories, if any, shall be in accordance with the orders issued by the Chief Justice from time to time having due regard to the legislative enactment and orders issued by the Governor of Bihar from time to time on the subject.”

On the contrary, the counsel representing the high court contended that Rule 10 allows for reservation in other categories only if an order was issued by the Chief Justice in accordance with the legislative enactments.

“Admittedly, no order providing for reservation for any other categories has been issued by Hon’ble the Chief Justice. In such circumstances, the prayer for quashing the advertisement is devoid of merit. The examination has already been conducted,” said the court.

Therefore, the Court dismissed the writ application.

Case Title: Vikash Kumar Vs. The Hon’ble Patna High Court