V.K.GUPTA, C.J. - (1.) WHAT perhaps might have started in the original petition as a non -issue (the order passed on 3rd March, 1982 by Bihar Government) ultimately turned out to be an issue worthy of examination on the basis of two Notifications issued by the Government of Jharkhand on 8th August, 2002 and 19th August, 2002, these both having been issued during the pendency of this writ application.
(2.) THE present writ application by way of a Public Interest Litigation (PIL) has been filed seeking the following relief : - - "For the issuance of an appropriate writ(s)/order(s) direction(s) or a writ in the nature of certiorari quashing the letter dated 15.3.1982 issued by the Secretary to the Government of Bihar, Patna, Department of Labour and Employment which has been adopted by the Government of Jharkhand vide the notification dated 22.9.01 by declaring it ultra vires Articles 14 and 16 and provisions of the Constitution of India." Since the writ application as originally filed on 22nd July, 2002, sought to challenge the Bihar Government Notification dated 3rd March, 1982, as adopted by the Government of Jharkhand vide Notification dated 22nd September, 2001, it shall be advantageous at the very outset to quote hereinbelow verbatim these two Notifications. These read as under : - - Bihar Government communication dated 3rd March, 1982 "Government, of Bihar Labour and Employment Deptt. Directorate, Employment and Training (Employment), Bihar New Secretariat, Patna 15 Patna, 15 dated 3rd March, 1982. Letter No. 3/Local/Ni/5014/81 -806 From : Shri Mukhtyar Singh, Joint Secretary to Government. To Secretary to Chief Minister, Secretary to Chief Secretary, Shri Karpoori Thakur, Leader of Opposition, Sub : Regarding fixing the definition of local persons. Sir, With respect to the aforesaid subject, a meeting under the Chairmanship of the Chief Minister was called on 28.4.1981 to decide about the issue relating to the definition of local persons. In the aforesaid meeting, after deliberations and consultations with representatives of different political parties, and the representatives of the recognized Labour Organizations, it has been decided that in the matter of employment, the nodal (base) of the definition of local persons should be a district. In so far as the district, therefore, is concerned, only such persons be considered to come within the definition of local persons whose or whose forefathers name appear in the record of rights linked with the last survey conducted for this purpose. It is accordingly requested that in the light of this decision of the Government in the matter of employment, local persons be accorded preferential treatment. Sd/ - Mukhtyar Singh Joint Secretary to Government of Bihar, Patna. Notification dated 22nd September, 2001 of the Government of Jharkhand Department of Personnel, Administrative Reforms and Rajbhasha. Notification. Dated 22nd September, 2001 No. 5/vivid/09/2001 -3389. In exercise of the powers conferred upon him under Section 85 of the Bihar Re -organization Act, 2000, the Governor of Jharkhand adopts the Government of Bihar Notification dated 3rd March, 1982 with the modification that in the said Notification, the word "Jharkhand" shall stand substituted for the word Bihar wherever it is occurring. Based on the aforesaid Bihar Notification, accordingly, in Jharkhand State "local persons" shall be defined accordingly. By order of the Governor of Jharkhand, Sd/ - M.P. Mishra, Joint Secretary to Government." (the text of both the aforesaid Notifications as have been made available to us, being in Hindi, we have attempted their English translation ourselves. The English translation omits unnecessary details.)
(3.) AS perhaps would be clearly evident, the Notification dated 3rd March, 1982, issued by the Government of Bihar (Bihar Notification, for short) and the Notification dated 22nd September, 2001 issued by the Government of Jharkhand adopting the Bihar Notification with modification (22nd September, 2001 Notification, for short), perhaps, in the context of the subject matter of this petition, as it ultimately turned out, did not come out to be purposeful or meaningful and had no apparent and manifest relevance with any issue of controversy or dispute involved in this petition. We are saying so because even though in the petition, the petitioner complained of discrimination, on the touch -stone of Articles 14 and 16 of the Constitution of India by alleging that local residents were being preferred at the cost of the interests of the "outsiders" who are being singled out for hostile discrimination. Bihar Notification on a careful perusal, clearly indicated that it merely tended to loosely define a local person, that too in an abstract form and even this definition of a local person (in abstract) was not by way of any Government order or a Government Notification as such duly issued under law, but through a mere communication, recording that in a meeting of Chief Minister with certain individuals, an informal decision was taken to define a local resident in a particular manner. Since, therefore, Bihar Notification by itself did not either create any right, visa -vis either the employment, any property or any other subject matter which could be relevant for creation or violation of any right, 22nd September, 2001 Notification by merely adopting Bihar Notification also surely could not be called as having either created any right or for that matter violating any right conferred upon anyone. It is in the aforesaid background that we now look at the subsequent developments which occurred during the pendency of this petition.;