Results of Bihar job exams on basis of prevailing quota rule, AG tells HC

The Patna High Court on Thursday accepted the assurance of Advocate General PK Shahi that the results of the exam for appointment of vice principals in the industrial training institutes (ITIs) would be published after following such rules of reservation, as may be applicable on that date.
“In view of the aforementioned observation and assurance, the writ petition is disposed of,” said the bench of Justice Anshuman after hearing a writ petition filed by Ram Manohar Pandey for direction to the Bihar government and the Bihar Public Service Commission (BPSC) to revise the advertisement issued for appointment of 76 vice principal in the ITIs in the light of June 20 HC order.
This will have an impact on all the recruitment exams planned after the gazette notification of new reservation laws. The education department has already reverted to the old 50% formula for teachers’ recruitment.
The petition sought that the advertisement for recruitment for jobs in the ITIs be revised in accordance with the prevailing reservation formula, I.e. 50%, unless there is any fresh order in this regard by the Supreme Court, where the Bihar government’s special leave petition (SLP) challenging the HC order is scheduled for hearing in September.
The counsel for the petitioner Navin Prasad Singh prayed for a stay on the exam and argued how the BPSC could proceed with a new recruitment exam based on increased reservations laid down in the laws that have been quashed by the HC, even though the advertisement was published and the selection process initiated before the order. The exam for appointment of vice principals in ITIs was held on Friday.
Shahi told HT the court accepted his contention that the exam be held as per schedule and the results would published based on the prevailing reservation rules. “At present it is 50%. If the Apex Court upholds the Bihar government’s decision, it will be changed accordingly to 65%. That will also be mentioned in the results that it would be subject to change in keeping with the Apex Court order,” he added.
On whether it would apply to all the exams held or to be held based on the new reservation formula, Shahi said the HC order was for a specific exam, but it would naturally apply to all such situations. “But there will be rider with all the results that they could change in accordance with the Apex Court verdict. At present, the old reservation formula will apply after HC order,” he added.
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Supreme Court last Monday refused to grant a stay on the Patna HC Order, which set aside Bihar reservation laws that increased quota for Backward Classes, STs, SCs and Extremely Backward Classes from 50% to 65% in the government jobs and admissions in educational institutions, after which the Bihar government moved the Apex Court.
This means all results of the forthcoming recruitment exams in Bihar or those already conducted will be issued as per the prevailing 50% quota formula unless there is some fresh order from the Apex court in this regard.
Bihar government already started altering the process accordingly to revert to the old reservation formula of 50% in the large-scale teachers’ recruitment. The education department, which has recruitment of over 87000 teachers in the pipeline and the exams for which have already been held, started the exercise for preparing the roster based on the old reservation formula of 50%.
Director of Primary Education, Mithilesh Mishra on Thursday wrote to all the district education officers (DEOs) in this regard.
“For the third phase of teachers’ recruitment examination (TRE-4), the process for clearing the roster of vacancies in Class 1-5 and class 6-8 is underway at your level. In TRE-1 and TRE-2 appointments were made for Class 1-5 and class 6-8 respectively. In TRE-3, the roster needs to be made as per 50% reservation formula,” he wrote.
“This is just to ensure that the results don’t get stuck. Things can always change,” said Mishra.
There are large-scale vacancies also in the agriculture and health departments. Minister Mangal Pandey, who holds both portfolios, said the guidelines of the General Administrative Department (GAD) would be followed in this regard. “In view of the HC order and whatever happens in the SC, the GAD will take a call and that will be applicable to all,” he added.
The Bihar government had notified the new reservation laws in the gazette on November 21 after the gubernatorial assent to the bills passed unanimously by both Houses of the state Legislature. However, on June 20, the Patna High Court bench of Chief Justice K Vinod Chandran and Justice Harish Kumar had set aside the Bihar Reservation of Vacancies in Posts and Services (Amendment) Act, 2023, and The Bihar (In admission in Educational Institutions) Reservation (Amendment) Act, 2023 as ultra vires and violative of equality clause under Articles 14, 15 and 16.
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