AKHILESH PRASAD versus JHARKHAND PUBLIC SERVICE COMMISSION & ORS.

AKHILESH PRASAD versus JHARKHAND PUBLIC SERVICE COMMISSION & ORS.

Employees who were serving in the undivided State and were allocated to the successor State of Jharkhand under the Bihar Reorganisation Act, 2000 retain their existing service conditions including entitlement to reservation for purposes of promotion; a limited departmental competitive examination is a promotional channel available to in-service candidates and such employees allocated to the successor State are entitled to claim reservation in that examination (subject to not claiming reservation in both successor States); accordingly the Division Bench erred in treating the limited departmental examination as direct recruitment and the Single Judge's order allowing the appellant to be...

Parties
Appellant: AKHILESH PRASAD; Respondent(s): JHARKHAND PUBLIC SERVICE COMMISSION & ORS.
Jurisdiction
India
Judgment Date
26 April 2022
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 12.05.2021 of the High Court of Jharkhand (lpa No. 609 of 2017)
Outcome
Appeal allowed
Legal Topics
State Reorganisation, Reservation, Promotion, Limited Departmental Examination, Bihar Reorganisation Act, 2000, Sections 73 and 74
Service Law Constitutional Law Administrative Law State Reorganisation Reservation Promotion Limited Departmental Examination Bihar Reorganisation Act, 2000 +1 more

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Parties

AKHILESH PRASAD

Appellant

JHARKHAND PUBLIC SERVICE COMMISSION & ORS.

Respondent(s)

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 12.05.2021 of the High Court of Jharkhand (lpa No. 609 of 2017)

Legal Issues

  1. 1 Whether appointment through limited departmental examination is a fresh appointment or by way of promotion
  2. 2 Whether Section 73 of the Bihar Reorganisation Act, 2000 applies to selection through limited competitive examination after reorganisation
  3. 3 Whether conditions of advertisement (condition No.13 requiring caste certificate from SDO in Jharkhand) can be enforced against candidates who participated but were declared unsuccessful

Ratio Decidendi

Employees who were serving in the undivided State and were allocated to the successor State of Jharkhand under the Bihar Reorganisation Act, 2000 retain their existing service conditions including entitlement to reservation for purposes of promotion; a limited departmental competitive examination is a promotional channel available to in-service candidates and such employees allocated to the successor State are entitled to claim reservation in that examination (subject to not claiming reservation in both successor States); accordingly the Division Bench erred in treating the limited departmental examination as direct recruitment and the Single Judge's order allowing the appellant to be...

Court Disposition

Appeal allowed

Orders

  • Judgment and order dated 12.05.2021 of the Division Bench of the High Court is set aside
  • Judgment and order dated 22.09.2017 of the Single Judge of the High Court is restored