In a landmark judgment Patna High Court has set aside notifications by Bihar government which provide reservation to SC, ST and Backward Castes in Bihar Civil Services (Judicial Branch) and Bihar Superior Judicial Service along the lines of other state services.
A division bench of Chief Justice Rekha M Doshit and Justice Ashwani Kumar Singh delivered the judgment on a writ application filed in 2009 by Dayanand Singh, a practicing advocate, and a bunch of other similar applications.
Striking down the notifications, the division bench headed by Doshit also lambasted the state government for failing to consult the HC and losing sight that its opinion will have primacy over the desire of the state government.
The order said , "the action of the executive government proves its 'obduracy' to impose reservation in judicial services contrary to the opinion of the High Court."
"The independence of the Judiciary and the primacy of the opinion of the HC are constantly under attack by the executive government. The High Court is constantly on the edge, fervently protecting its independence and primacy," the order says while allowing the writ petitions.
The judgement, delivered yesterday, also said "It is high time the state government accepts the opinion of the High Court and forbears itself from interfering with the administrative powers of the High Court in respect of the posts in the state judiciary."
The petitioners in this case had challenged the constitutional validity of Rule 3A of the Bihar Civil Service (Judicial Branch) Recruitment Rules, 1955 and Rule 4A of the Bihar Superior Judicial Service Rules, 1951.
These rules were inserted by the state government through amendments and applied to the recruitment of junior division civil judges and additional district and sessions judges, the 30-page order said.
