ITEM NO.13 COURT NO.16 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No.13307/2019
(Arising out of impugned final judgment and order dated 06-03-2019
in WP No. 48/2017 passed by the High Court of Jharkhand at Ranchi)
DINESH CHOUDHARY Petitioner(s)
VERSUS
THE HONBLE HIGH COURT OF JHARKHAND & ORS. Respondent(s)
(IA No. 85438/2019 - EXEMPTION FROM FILING O.T.)
Date : 07-09-2022 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.S. BOPANNA
HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
For Petitioner(s) Mr. Arvind Gupta, AOR
Mr. Anil Kumar Sahu, Adv.
Mr. Mohit Bidhuri, Adv.
Mr. Pran Krishna Jane, Adv.
Ms. Nazish Fatima, Adv.
Mr. Utkarsh Sahu, Adv.
For Respondent(s) Mr. Krishnanand Pandeya, AOR
Mr. Tapesh Kumar Singh, AOR
Mr. Aditya Pratap Singh, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The petitioner is before this Court assailing the
order dated 06.03.2019 passed by the High Court of Jharkhand
at Ranchi in WP No. 48/2017.
The issue which arose for consideration in the said
Writ Petition was with regard to the claim of the petitioner
and certain other similarly placed persons seeking for
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providing reservations for Scheduled Castes, Scheduled Tribes
and other Backward Classes in the recruitment to the Higher
Judicial Services in the State of Jharkhand.
In that light it was contended that the Notification
for recruitment was issued without providing for reservation
and was violative of the Reservation Policy of the State of
Jharkhand. Though several contentions were urged in the Writ
Petition, considering the fact that the Public Advertisement
No. 1/2017/Apptt. was already issued and as on such date the
Jharkhand Superior Judicial Service (Recruitment, Appointment
and Conditions of Service)Rule,2001 did not provide for
reservation, the High Court was of the view that no
interference in the process which had already commenced is
contemplated when as on the date of the advertisement there
was no provision for reservation in the Rules,2001. The High
Court accordingly dismissed the Writ Petition.
Learned counsel for the petitioners contends, though
that be the position, subsequent recruitments have been made
and in future also the recruitments are to be made and
therefore the reservation is to be provided in terms of the
reservation policy of the State.
In that regard, learned counsel appearing for the High
Court has referred to the Objection Statement filed herein
indicating that Hon’ble the Chief Justice vide Minutes dated
29.01.2019 has constituted a special Committee of five Hon’ble
Judges to consider the matter for reservation in Jharkhand
Higher Judicial Services. It is also stated therein that that
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the Committee had considered the matter in its meeting dated
29.07.2019 and had issued certain directions.
In that view it is indicated that the matter is under
active consideration before the High Court. The High Court
having taken note of this aspect and taking into consideration
the fact that steps have been taken by the High Court to
constitute a Committee and the matter is under due
consideration, we see no reason to pass any specific
directions in this petition.
We are confident that the High Court would take an
appropriate decision in accordance with law after securing the
recommendation from the Committee. It would also be open to
the petitioner to file appropriate representation before
Hon’ble the Chief Justice putting forth their grievances, if
any.
With the above observations, the Special Leave
Petition stands disposed of.
(RAJNI MUKHI) (DIPTI KHURANA)
COURT MASTER (SH) ASSISTANT REGISTRAR
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