Lagatar24 Desk
New Delhi, Sept 13: The Supreme Court on Monday declined to hear a case challenging the exclusion of reservations for communities belonging to the Scheduled Castes, Scheduled Tribes, and Other Backward Classes from the selection of District Judges under advertisement published by the High Court of Jharkhand in March 2022.
The petition claims that the exclusion of reservation violates Jharkhand State Reservation Policy and constitutional guarantee under Article 16(4). In addition, it violates a High Court decision promising to impose racial discrimination in the Jharkhand Superior Judicial Service.
The petitioner was given permission to approach the Jharkhand High Court with a plea under Article 226 of the Constitution by a bench made up of Justices D.Y. Chandrachud and Hima Kohli. Given that the appointment procedure outlined in the relevant notification is already in motion, Justice Chandrachud urged the petitioner to approach the High Court with any questions about upcoming appointments.
“For the future you can file a petition before the High Court… We will give you liberty to approach the High Court under A. 226.”
“Decisions of the Administrative side of the High Court can be challenged before the judicial side of the High Court. You can move the High Court,” said the bench.
Notably in 2018, the Jharkhand High Court’s Full Court made a principled decision to provide reservations in the selection process for the Jharkhand Superior Judicial Service. The Chief Justice of the High Court received complaints from advocates for the SC, ST, and OBC communities in 2021 asking for the application of the reservation policy in the appointment of District Judges (direct entrance from the Bar)/superior judicial service. The contested notification, however, was released in March 2022 without including a reservation for SC/ST/OBC groups.
