NDLI: Akhilesh Prasad Vs. Jharkhand Public Service Commission & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law – Bihar Reorganisation Act 2000 – Ss. 73 and 74 – Services after reorganisation of State
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Service Law – Bihar Reorganisation Act, 2000 – Ss. 73 and 74 – Services after reorganisation of State – Appellant cleared the Cooperative Development Officers exam held in 1994 conducted by the then Bihar Public Service Commission under the Scheduled Tribe category – The State of Bihar was bifurcated in successor States viz. State of Bihar and newly formed State of Jharkhand, as a result of Bihar Reorganisation Act, 2000 – After bifurcation of the State of Bihar, Appellant’s service was allocated to the successor State of Jharkhand and since then he had been in the service of State of Jharkhand – An advertisement was issued for filling up the posts of Deputy Collectors through limited departmental examination, the benefit of reservation according to which would be extended to only those who submit the appropriate caste certificate from the Sub-Divisional officer posted in State of Jharkhand – Appellant even though secured more marks as against the cut-off for ST category in the departmental exam was declared unsuccessful – The Appellant challenged his non-selection by filing a Writ Petition which was allowed by the Single Judge of the High Court of Jharkhand – Single Judge of the High Court held that the petitioner was already working in the co-operative Department as a reserved category candidate – He carried his reserved category with him after bifurcation also – Thus, the State acknowledged the petitioner as Scheduled Tribe category while he is working in Cooperative Department under the State, but not treating him as reserved category i.e. scheduled tribe for the purpose of limited examination, is not acceptable neither his tenable in the eyes of law – However, the Division Bench of the High Court held that since the appellant had failed to comply with condition No.13 of the Advertisement and since there was no certificate issued by any of the competent authorities that he belonged to ST (Gond) category in State of Jharkhand, the appellant could not be said to be belonging to the reserved category of STs for the purposes of limited departmental examination – On appeal, held: Per Uday Umesh Lalit, J. (for himself and Pamidighantam Sri Narasimha, J.) Supreme Court in Pankaj Kumar’s case held the employees who opt for service under a successor State after reorganization, their existing service conditions would not be varied to their disadvantage and would stand protected by virtue of Section 73 of the Act – Subject to the condition that such person would not be entitled to claim the benefit of reservation simultaneously in both the successor States, such employees would be entitled to claim not only the benefit of reservation in the service of the successor State to which they had opted and were allocated, but they would also be entitled to participate in any subsequent open competition with the benefit of reservation – Single Judge of the High Court was therefore right in allowing the writ petition – Division Bench of the High Court was not justified in concluding that limited departmental examination was nothing but direct recruitment from the open market – Per Ravindra Bhat, J. (concurring): There is an obligation on the part of Parliament, to provide clarity about the kind of protection, regarding the status of such individuals forced to chose one among the newly reorganized states, and ensure that they are not worse off as a result of reorganization.
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2022 INSC 474
Petitioner	Akhilesh Prasad
Respondent	Jharkhand Public Service Commission & Ors.
SCR	[2022] 19 S.C.R. 400
Judgement Date	2022-04-26
Case Number	3180

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Akhilesh Prasad Vs. Jharkhand Public Service Commission & Ors.

Please Log-in to view this content

Pankaj Kumar Vs. State of Jharkhand & Ors.

Purushottam Kumar Jha Vs. Sta Te of Jharkhand and Ors.

Bihar State Electricity Board & Anr. Vs. Ram Deo Prasad Singh & Ors.

Akhilesh Kumar Singh Vs. State of Jharkhand & Ors.

State of Jharkhand & Ors. Vs. Kamal Prasad & Ors.

Pramod Kumar Srivastava Vs. Chairman, Bihar Public Service Commission, Patna and Ors.

State of Bihar & Ors. Vs. Pandey Jagdishwar Prasad

Kapila Hingorani & Anr. Vs. State of Bihar & Anr.

Bihar Public Service Commission and Anr. Vs. State of Bihar and Ors.

Akhilesh Prasad Vs. Jharkhand Public Service Commission & Ors.

Akhilesh Prasad Vs. Jharkhand Public Service Commission & Ors.

Please Log-in to view this content

Similar Documents

Pankaj Kumar Vs. State of Jharkhand & Ors.

Purushottam Kumar Jha Vs. Sta Te of Jharkhand and Ors.

Bihar State Electricity Board & Anr. Vs. Ram Deo Prasad Singh & Ors.

Akhilesh Kumar Singh Vs. State of Jharkhand & Ors.

State of Jharkhand & Ors. Vs. Kamal Prasad & Ors.

Pramod Kumar Srivastava Vs. Chairman, Bihar Public Service Commission, Patna and Ors.

State of Bihar & Ors. Vs. Pandey Jagdishwar Prasad

Kapila Hingorani & Anr. Vs. State of Bihar & Anr.

Bihar Public Service Commission and Anr. Vs. State of Bihar and Ors.

Akhilesh Prasad Vs. Jharkhand Public Service Commission & Ors.