SANJAY KUMAR, SON OF SHRI RAM CHANDRA PRASAD, VILLAGE Vs. THE STATE OF BIHAR
LAWS(PAT)-2016-12-27
HIGH COURT OF PATNA
Decided on December 01,2016

Sanjay Kumar, Son Of Shri Ram Chandra Prasad, Village Appellant
VERSUS
THE STATE OF BIHAR Respondents




JUDGEMENT

Hemant Gupta, J. - (1.)The challenge in the present writ petition is to the reservation contemplated in Sec. 2(b) of Bihar Panchayat Raj Act, 2006 (Bihar Act No.6 of 2006) wherein, the Backward Classes means and includes the castes mentioned in Schedule-I of Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1991 (hereinafter referred to as Reservation Act, 1991 ).
(2.)The argument of learned counsel for the petitioner is that the Reservation Act, 1991 defines Other Backward Classes which includes extremely backward; other backward class, and women of backward classes. The castes have been mentioned in two Schedules-Schedule-I and Schedule-II. Schedule-I contains the caste of extremely backward classes and Schedule-II contains the castes falling in the other backward classes. It is, thus, contended that the Legislature has defined the backward classes into three categories in Reservation Act, 1991 whereas in the Bihar Panchayat Raj Act, 2006 only one categories of persons, who have been mentioned in Schedule-I, i.e. extremely backward classes, have been given benefit of reservation. It is also contended that while enacting Bihar Panchayat Raj Act, 2006, the State has not consulted Bihar State Commission for Backward Classes, constituted under Bihar State Commission for Backward Classes Act, 1993.
(3.)Section-2(i), (j) and (k) of Reservation Act, 1991 reads :
(i) Other Backward Classes shall have reference to extremely Backward, Backward class and Women of Backward Classes;

(j) Extremely Backward and Backward Classes means and includes those classes which have been specified in Schedules I and II of the Act.

Explanation-If any of the classes enumerated in Schedule I and Schedule II appended to the Act, is notified under any Presidential Order as Scheduled Caste or as Scheduled Tribe, such class shall be deemed to have been deleted from the said Schedules.

(k) Women of Backward Classes means and includes women of Scheduled Castes, Scheduled Tribes, extremely Backward and Backward Classes.

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