Petitioner claimed 5% ST reservation. Court held extent of reservation is for legislature. Judicial review cannot direct specific percentage. Writ dismissed.
Two Members directed on paragraph 17: The writ application is thus dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12827 of 2015
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Ram Chandra Prasad, S/o late Bhengraj Prasad, R/o Mohala Shanty Bihar Colony, road no. 26, Rajiv Nagar, P.O Keshri Nagar and P.S Digha Distt Patna Sachiv Akhilbhartiya (Gond), Adivasi Sang, Brach Bihar Registration No. 42824.
.... .... Petitioner/s
.... .... Respondent/s
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Appearance: For the Petitioner/s : Mr. Rewti Kant Raman, Advocate. For the Respondent/s : Mr. Lalit Kishore, PAAG-1.
=========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 20-12-2016
The petitioner has claimed 5% reservation for Scheduled Tribes in the State of Bihar as against 1% provided to the Scheduled Tribes at present.
In the counter affidavit, it has been pointed out that the reservation has been provided under the Bihar Schedule Castes, Scheduled Tribes and Other Backward Classes Act, 1991 as amended by the Bihar Act 17, 2002.
The petitioner has not challenged the illegality of such Act. Still further, what should be extent of reservation; it is for the legislature to decide. This Court in exercise of judicial review cannot
Patna High Court CWJC No.12827 of 2015 dt.20-12-2016
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direct that reservation should be 5% and not 1%.
The writ application is thus dismissed.
(Hemant Gupta, ACJ)
(Dinesh Kumar Singh, J)
Mishra
| AFR/NAFR | N.A.F.R. |
|---|---|
| CAVDATE | N.A. |
| UploadingDate | 23.12.2016 |
| Transmission Date |
2 issues framed by the court
Whether the Court can direct the government to increase the ST reservation from 1% to 5%.
Whether the extent of reservation is for the legislature to decide.
2 provisions across 2 enactments
Ram Chandra Prasad
The State of Bihar
Hemant Gupta
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
