Patna,(BiharTimes): A division bench of Justice Rekha M Doshit and Justice Ashwini Kumar Singh of the Patna high court on Tuesday quashed the government notification that provided for reservation to backward classes in judicial services in Bihar.

The court order said: “Reservation in public services is more a political manifesto than a necessity, and the effort is to appease the masses by including more and more castes and communities in one or another reserved category without reference to necessary criteria such as normal profession of the community concerned or educational level.”

The court further said the impact of reservation on the efficiency of administration is one factor that is totally overlooked. Reservation system gives an opening to “substandard candidates” in the administration.

“Although the state is empowered to provide reservation to SCs, STs and OBCs, the Constitution does not compel the state to provide such reservation nor does it restrict the extent to which such reservation can be provided. Probably, the Constitution makers relied on the wisdom of the state to provide reservation only to the extent it is necessary, maintaining efficiency in the administration,” the order said.

It further said the number of sanctioned judicial posts is not more than 1,500 in Bihar. If 50 per cent officers of such a small cadre are selected on the basis of reservation, who are below general standard of selection, it would certainly impair the dispensation of justice. The bench is satisfied with adequate representation of backward classes at all levels in the state judiciary and, as such, reservation for them was not required.

In June 2009, the then JD(U)-BJP government had amended the Bihar Civil Service (Judicial Branch) (Recruitment) Rules, 1955. The amendment introduced Rule 3A according to which “The Bihar Reservation of Vacancies in Post and Services (for SCs, STs and OBCs) Act 1991 (as amended from time to time) shall also apply to direct recruitment to the post of Civil Judge (Junior Division).”

This led to 50% reservation in the service.

A similar amendment was made to the Bihar Superior Judicial Service Rules, 1951 by introducing rule 4A. This was applicable in case of direct recruitment to the post of additional district and sessions judge.
The order came on a writ petition filed by one Dayanand Singh and others. 

Principal additional advocate general Lalit Kishore said the state government would soon challenge the high court’s ruling in the Supreme Court.