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SC Upholds Patna HC Judgment Quashing Rules

Which Provided Reservation In Judicial
Services [Read Judgment]
By: Ashok KM | October 6, 2016

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However, the court has permitted the Bihar government to initiate the
process of consultation by furnishing necessary information on its own
assessment regarding the need to provide reservation in favour of specified
backward classes in the judicial services of the state.
The Supreme Cour,t in Govt. Of Bihar and ors. Vs. Dayanand Singh, has upheld the
Patna High Court judgment, (https://indiankanoon.org/doc/26018251/) which had
quashed Rules 4A and 3A introduced by amending the Bihar Superior Judicial Service
Rules, 1951, and Bihar Civil Services (Judicial Branch) (Recruitment) Rules, 1965,
respectively, providing for reservation of posts in the judicial services in favour of
various backward classes of citizens.
The Bench comprising Justice J. Chelameswar and Justice Abhay Manohar Sapre agreed
with the high court observation that those amendments were not preceded by
appropriate consultation with the high court contemplated under Articles 233 and 234,
and confirmed the judgment. The apex court also held that the executive is under a
constitutional obligation to consult the high court both for framing and giving effect to
such policy of providing reservations in the judicial services.

The court opined that there was a need for providing appropriate reservations in
favour of the various backward classes of citizens even in the judicial services of the
State of Bihar. But, the Bench added that the executive is not the only authority to
formulate such policy or to give effect to, and it is under a constitutional obligation to
consult the high court both for framing and giving effect to such policy.
However, the court has permitted the Bihar government to initiate the process of
consultation by furnishing necessary information on its own assessment regarding the
need to provide reservation in favour of specified backward classes in the judicial
services of the state.
The Bench further said: If there is a consensus of opinion between the state and the

high court, the state would be at liberty to make the appropriate rules providing for
reservation. In the event of any difference of opinion, the government must record
reasons for its inability to accept the conclusions communicated by the high court and
proceed to amend the Rules in accordance with law keeping in mind the various
constitutional principles governing the exercise of such power. Such an exercise is
required to be undertaken not to determine who between them is entitled to greater
importance or is to take the winners prize at the end of the debate. The task (before us)
has to be performed with this perception.
The court also said that the whole exercise must be completed expeditiously preferably
by the 1st of January, 2017, and the process for filling up of the vacancies in the judicial
services shall be taken up expeditiously by all concerned and completed by 30th June,
2017.
The court noted that some of the candidates belonging to certain backward classes
would have been entitled to get appointed pursuant to the 2012 notification, if Rule 3A
were to be valid. The court then directed that these candidates be appointed to the
service against the vacancies which arose subsequent to the 2012 notification.
The Bench also criticised the high court for making certain observations in the
judgment regarding the manner in which the amendments were made and the
desirability of such amendments.
Opining that those were not warranted, the Bench said: The high court ought to have

kept in mind that it was the legislative decision of the state, which was the subject
matter of dispute before it, while the high court undoubtedly has the jurisdiction to
determine the constitutionality of the law, the motives behind the law and the wisdom
of the legislative body are not amenable to the judicial review.
Read the Judgment here.

Page 1 of 13

Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(s). 9921-9923 OF 2016
(Arising out of SLP (Civil) No(s).10163-10165 of 2015)
GOVT. OF BIHAR AND ORS. ETC. ETC. ... Appellant(s)
VERSUS
DAYANAND SINGH ETC. ETC. ... Respondent(s)
WWW.LIVELAW.IN
WITH
CIVIL APPEAL NO. 9924 OF 2016
(Arising out of SLP (Civil) No.11365 of 2015)
SLP (Civil) No(s).11363-11364 of 2015

This article has been made possible because of financial support from Independent and
Public-Spirited Media Foundation (http://www.ipsmf.org/).
Topics:
Bihar Superior Judicial Service Rules 1951 (http://www.livelaw.in/tag/bihar-superior-judicial-service-rules1951/)
Govt. Of Bihar and ors. Vs. Dayanand Singh (http://www.livelaw.in/tag/govt-of-bihar-and-ors-vs-dayanandsingh/)
Justice Abhay Manohar Sapre (http://www.livelaw.in/tag/justice-abhay-manohar-sapre/)
Justice J Chelameswar (http://www.livelaw.in/tag/justice-j-chelameswar/)
Reservation In Judicial Services (http://www.livelaw.in/tag/reservation-in-judicial-services/)
Supreme Court of India (http://www.livelaw.in/tag/supreme-court-of-india/)

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