Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Reservation - In Judicial Service - Role/power of Executive vis-a-vis Judiciary |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | udicial Service: Reservation - Service rules amended by appellant-State government providing for reservati0'!1 of posts in iudicial services in favour of backward classes - High Court, by impugned order, quashed the impugned Rules mainly on the ground that the amendments were not preceded by appropriate consultation with the High Court as contemplated u/Arts. 233 and 234 - On appeal, held: The consultation which preceded the amendments certainly fell short of the requisite standards of consultation necessary in the context - Impugned Rules declared illegal and unconstitutional - There is a huge number of vacancies in the iudicial services in the appellant-State, however, in view of pendency of the present litigation, the process for filling up of vacancies with respect to recruitment process which had started in the interregnum but was put on hold, be taken up expeditiously - Bihar Superior Judicial Service Rules, 1951 - r.4A - Bihar Civil Services (Judicial Branch) (Recruitment) Rules, 1965 - r.3A - Constitution of India - Arts. 233 and 234. Reservation - In Judicial Service - Role/power of Executive vis-a-vis Judiciary - Constitutional imperatives and limitations - Discussed - Held: Under the scheme of the Constitution, Executive is not the only authority to formulate a policy for reservation - It is under a constitutional obligation to consult the High Court, both for framing and giving effect to such policy. |
Judge | N/A |
Neutral Citation | 2016 INSC 931 |
Petitioner | Govt. Of Bihar And Ors. Etc. Etc. |
Respondent | Dayanand Singh Etc. Etc. |
SCR | [2016] 8 S.C.R. 803 |
Judgement Date | 2016-09-29 |
Case Number | 9921-9923 |
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