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'Approach High Court': Supreme Court Refuses To Entertain Plea Challenging Exclusion Of SC/ST Reservation In Jharkhand District Judges Appointment
Sohini Chowdhury
13 Sep 2022 5:21 AM GMT
The Supreme Court, on Monday, refused to entertain a plea challenging the non-inclusion of reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes communities in the process of appointment of District Judges in pursuant to an advertisement issued by the High Court of Jharkhand in March, 2022. The petition claims that the exclusion of reservation violates Jharkhand...
The Supreme Court, on Monday, refused to entertain a plea challenging the non-inclusion of reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes communities in the process of appointment of District Judges in pursuant to an advertisement issued by the High Court of Jharkhand in March, 2022. The petition claims that the exclusion of reservation violates Jharkhand State Reservation Policy and constitutional guarantee under Article 16(4). Apart from this, it is also in derogation of a resolution passed by the High Court vouching to implement reservation in the Jharkhand Superior Judicial Service.
A Bench comprising Justices D.Y. Chandrachud and Hima Kohli granted liberty to the petitioner to file a petition under Article 226 of the Constitution before the Jharkhand High Court.
Considering that the process of appointment as per the concerned notification is underway, Justice Chandrachud asked the petitioner to approach the High Court with respect to future appointments.
"For the future you can file a petition before the High Court… We will give you liberty to approach the High Court under A. 226."
Justice Chandrachud observed -
"Decisions of the Administrative side of the High Court can be challenged before the judicial side of the High Court. You can move the High Court."
A writ petition challenging a similar notification was filed in 2017 before the High Court, which was eventually dismissed. The High Court had observed that there is no duty vested in the authorities to reserve seats for all posts, more particularly in higher judiciary. Moreover, as the appointment process had already been initiated, the High Court opined that it cannot alter the rules midway. The appeal filed before the Apex Court was also dismissed.
In 2018, the Full Court of the Jharkhand High Court had agreed in principle to grant reservation in the recruitment for Jharkhand Superior Judicial Service. In 2021, advocates belonging to the SC/ST/OBC communities had made representations to the Chief Justice of the High Court requesting for the implementation of the Reservation policy in appointment of District Judges (direct entry from Bar)/ superior judicial service. However, in March, 2022, the impugned notification was issued without incorporating reservation for SC/ST/OBC communities.
The petition has been filed through Advocate on Record, Mr. Arvind Gupta.
[Case Title: Dr. B.R. Ambedkar Educational And Cultural Trust v. Hon'ble High Court Jharkhand And Ors. WP(C) No. 405/2022]
