Bihar Police Men's Association and Ors. Vs. State of Bihar and Ors. (03.04.2001 - PATNAHC) - Court Judgment

Excerpt:
service law - police service--reservation--decision of state government to make selection for appointment as constables in bihar military police--16 applying law of reservation framed by state government--describing battalion as being 'reserved' for ex-service men--is itself incorrect and misconceived--battalion consists of persons belonging to a particular category i.e. former members of three wings of armed forces--law of reservation will be applied without disturbing basic character of battalion--held, no infirmity in decision, of state government to make selection for appointment as constables in b.m.p.--16 applying law of reservation framed by state government. - - it is well settled that the extent of reservation cannot exceed 50% and can in no case be cent percent. this letter at..... aftab alam, j.1. for appointment as constables in the bihar military police-16, applications were invited from ex-service men by advertisement (annexure 6) published in the daily 'aaj' of november 6, 2000. by order, dated 15-1-2001 (annexure 7) issued by the deputy inspector-general, police (human rights), a committee was constituted for making selection for appointment on the vacant posts of constable in b.m.p. 16. in that order, it is also stated that appointment to the vacant posts of constables in bihar military police 16 will be made following the law of reservation as enacted by the government of bihar.2. the bihar police men's association and the association's mantri who are petitioners 1 and 2 respectively feel aggrieved by the order, dated 15-1-2001 insofar as it states that.....

Judgment:

Aftab Alam, J.

1. For appointment as constables in the Bihar Military Police-16, applications were invited from ex-Service men by advertisement (Annexure 6) published in the daily 'Aaj' of November 6, 2000. By order, dated 15-1-2001 (Annexure 7) issued by the Deputy Inspector-General, Police (Human Rights), a committee was constituted for making selection for appointment on the vacant posts of constable in B.M.P. 16. In that order, it is also stated that appointment to the vacant posts of constables in Bihar Military Police 16 will be made following the law of reservation as enacted by the Government of Bihar.

2. The Bihar Police Men's Association and the Association's Mantri who are petitioners 1 and 2 respectively feel aggrieved by the order, dated 15-1-2001 insofar as it states that appointments will be made following the law of reservation as in existence in this State.

3. Mr. Vinod Kanth, learned Senior Counsel appearing on behalf of the petitioners stated that following a decision of the State Government in the year, 1982, B.M.P. 16 was raised comprising exclusively of ex-service men. According to Mr. Kanth, B.M.P. 16 was, thus, already reserved for ex-service men and any application of castes/ tribes based reservation would, therefore, amount to making reservation within reservation which was impermissible in law.

4. To me, it appears that to describe the battalion, namely, B.M.P. 16 as being 'reserved'for ex-service men is both misconceived and self-defeating. It is self-defeating because if it were held that the battalion was reserved for ex-service men, it would appear that the reservation was to the extent of cent percent as on the petitioners' own showing the battalion is raised exclusively from ex-service men. It is well settled that the extent of reservation cannot exceed 50% and can in no case be cent percent. Therefore, if the submissions of Mr. Kanth were to be accepted, then at least half of the battalion will have to be 'dereserved' to be filled up from non-service men.

5. But as I said, describing the battalion as being 'reserved' for ex-service men is itself incorrect and misconceived. It is simply that the battalion consists of persons belonging to a particular category, that is, former members of the three wings of the armed forces. And if the law of reservation is to be applied, the basic character of the battalion will not be affected in any manner because the persons belonging to the reserved categories will be taken only from amongst ex-service men. Thus, the law of reservation will be applied without disturbing the basic character of the battalion. That would be not only in conformity with the law of reservation as in existence in this State but would also not violate any constitutional guarantees as interpreted by the Supreme Court in its various decisions.

6. Mr. Kanth next relied upon a letter, dated 10-10-1991 (Annexure 3) issued by the officiating Director (Re-employment), Soldiers Welfare Directorate, Home Department. In this letter, it is stated that an Ex-Army Officer on retirement did not come under any category of S.C./S.T, He came under the category of ex-service men and hence, the S.C./S.T. reservation should not be applicable to retired officers. This letter at best represents the opinion of the officiating Director and it does not take into consideration the law of reservation as in existence in this State.

7. On hearing Mr. Kanth at some length and on a consideration of the issue, I do not see any infirmity in the decision of the State Government to make selection for appointment as constables in Bihar Military Police 16 applying the law of reservation framed by the State Government. I find no merit in this writ petition and it is accordingly dismissed.