S.J.MUKHOPADHAYA, J. - (1.) IN these cases, the only question arises for determination whether the consolidated reservation for Other Backward Category (OBC for short), including Extreme Backward and Backward Category for admission in Professional/technical and equivalent training Institute, as made vide Resolution bearing Memo No. 5/R -03/2001 -5800/ Ranchi, dated 10th October, 2002 is legal, valid and permissible or not.
(2.) FOR determination of the issue, it is not necessary to discuss all the facts, except the relevant facts, which are mentioned hereunder. Prior to reorganization of the State, in the combined State of Bihar, Circulars/ Guidelines and Acts were issued from time to time reserving posts for appointment in Government Services and seats for admission in Professional/technical and equivalent training Institute, while separate quota were fixed for scheduled Castes (SC) and Scheduled Tribes (ST) categories, for OBC separate reservations were made for Extremely Backward Category (EBC) and Backward Category (BC). The castes which fall within one or other category amongst the OBC te., EBC or BC, their lists were enclosed as Annexures 1 and 2. The following Guidelines/Acts as were issued from time to time for appointment in the services of the State : - - (i) Bihar Reservation for Posts and Services (Scheduled Caste, Scheduled Tribe and Backward Class) Act, 1991 (Bihar Act 3/92). (ii) Notification No. 5/AA -03/2001 -KA -3465/Ranchi, dated 3rd October, 2001, whereby aforesaid Bihar Act was adopted by the State of Bihar with certain amendments. This Court is not concerned with the aforesaid Acts and Notifications which relate to appointment in the services of the State and having no concern with reservation for admission in Professional/technical and equivalent training Institute. So far as the reservation for admission in Professional/technical and equivalent training Institute is concerned, the following Resolutions/Notifications have been issued by the State of Bihar, followed by successor State of Jharkhand. (i) Resolution No, 20 dated 6th February, 1992 (Reference given in Annexure -9 to WP (C) No. 6332/02); (ii) Resolution No 155 dated 14th February, 1993 (reference given in Annexure -9 of WP (C) No. 6332/92). By aforesaid resolution, separate reservations were made under Article 15(4) of the Constitution of India for SC; ST: EEC; and BC. (iii) Resolution bearing Memo No. 7/Niti (reservation) - 06 -2001 -KA -3884/Ranchi, dated 5th November, 2001 issued by the State of Jharkhand; and (iv) Resolution circulated vide Memo No. - 5 -AA -03/2001 - 5800/Rancht, dated 10th October, 2002 issued by the State of Jharkhand. Amongst the aforesaid four guidelines for reservation issued from time to time under Article 15(4) of the Constitution of India for admission in Professional/technical and equivalent training Institute, we are concerned with Item No. (iii) i.e., Resolution No. 3884 dated 5th November, 2001 and Item No. (IV) i.e. Resolution No. 5800 dated 10th October, 2002 both issued by the State of Jharkhand.
(3.) BY Resolution No. 3884 dated 5th November, 2001, the State of Jharkhand reserved 73% of seats for admission in Professional Technical Institutes and allowed the following quota : - - (1)Scheduled Caste :14%(2)Scheduled Tribe :32%(3)Extremely Backward Category :18%(4)Backward Category :09% Total :73% ;