PATNA, India, July 7 -- Patna High Court issued the following judgment on July 1:
This petition has been preferred by the petitioner seeking following reliefs:-
2. The brief facts of the case is that the respondent no.1 has invited on-line application from the eligible candidates for appointment against 550 vacant posts of Assistants in the Patna High Court, which are Group 'B' Posts in Level-7. A copy of the advertisement is brought on record as Annexure-1A to the writ petition.
3. Learned counsel for the petitioner submits that the advertisement contained details of posts as well as reservation given to the candidates in the different categories but there is no reservation to the category of sport quota. The petitioner is fully eligible for that post within its post and hence, this writ petition.
4. Learned counsel for the petitioner submits that in all other institutions, there is a reservation quota of sport person. However, the respondents in their advertisement has not included the person related to the sport quota. In this regard, reliance has been placed by him in the judgment passed by the Hon'ble Supreme Court in Civil Appeal No. 005013 of 2023 arising out of S.L.P. (CIVIL) No. 15774 of 2023 (Dev Gupta Vrs. PEC University of Technology & Ors.), Annexue -P/3.
5. Learned counsel for the respondents opposes the argument raised by the counsel for the petitioner and submits that Rule 10 of the Patna High Court Officers and Staff Rules, 2021 specially provides that the reservation, if any, shall be in accordance with the orders issued by the Hon'ble Chief Justice from time to time having due regard to the legislative enactment and orders issued by the Governor of Bihar from time to time on the subject. Thus, it is submitted that apart from the categories already mentioned in the Rule 10, reservation for other categories, if any, may only be provided by an order issued by the Hon'ble Chief Justice regard being had to the legislative enactment. It is further submitted that no such order providing reservation for other categories has been issued by the Hon'ble
6. Heard learned counsel appearing for both the parties and perused the documents annexed with the petition.
7. At this juncture, it would be appropriate to refer Rule 10 of the Patna High Court Officers and Staff Rules, 2021, which reads as under :-
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