Khushi Bajpai
Published on: September 13, 2022 at 21:51 IST
The Supreme Court declined to hear a case challenging the exclusion of reservations for members of the Jharkhand High Court’s Scheduled Castes, Scheduled Tribes, and Other Backward Classes Communities from the selection process for District Judges.
The petition asserts that the omission of reservations breaches both the constitutional guarantee under Article 16(4) and the Jharkhand State Reservation Policy. In addition, it violates a high court decision guaranteeing the implementation of reservation in the Jharkhand Superior Judicial Service.
The petitioner was given permission by a bench consisting of Justices D.Y. Chandrachud and Hima Kohli to approach the Jharkhand High Court with a petition based on Article 226 of the Constitution.
The Honb’le Justice Chandrachud instructed the petitioner to approach the high court with regard to a potential appointment because the procedure of appointment in accordance with the relevant notification is already in motion.
“Going forward, you may file a case with the Supreme Court; we grant you the right to do so in accordance with Article 226”.
Justice Chandrachud observed-
“Decisions of the high court’s administrative branch can be contested before the branch’s judiciary. You may petition the Supreme Court.”
A writ case against a similar notification was brought before the high court in 2017, but it was ultimately dismissed.
According to the high court, the government is not required to reserve seats for any positions, notably those in the higher judiciary.
Furthermore, the high court ruled that it cannot change the regulations in the middle of the appointment process because it had already begun. The appeal that was brought before the supreme court was likewise denied.
In 2018, the Jharkhand High Court’s full court gave its preliminary approval to provide reservations in the hiring process for the Jharkhand Superior Judicial Service.
Advocates for the SC/ST/OBC communities approached the Chief Justice of the High Court in 2021 with a request to implement the reservation policy in the appointment of district judges to positions of superior judicial service.
The contested notification, however, was released in March 2022 without including any reservation for SC/ST/OBC groups.
Advocate-on-Record Arvind Gupta had filed this petition.