MIRZA ALI RAZA & ORS. versus STATE OF BIHAR & ORS.

Citation: [2016] 2 S.C.R. 837 · Decided: 03-02-2016 · Supreme Court of India · Bench: F.M. IBRAHIM KALIFULLA, C. NAGAPPAN · Disposal: Disposed off
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Judgment (excerpt)

[2016] 2 S.C.R. 837 
MIRZA ALI RAZA & ORS. 
v. 
STATE OF BIHAR & ORS. 
(Civil Appeal No. 857 of2016 etc.) 
FEBRUARY 03, 2016 
[FAKKIR MOHAMED IBRAHIM KALIFULLA 
AND C. NA(iAPPAN, JJ.] 
Service Law - Reservation - Advertisement for recruitment 
(36th combined examination) when the reservation policy of 1978 
was prevailing - Subsequent reservation policy of 1990 - Selection 
for the 36th combined examination made as per the 1990 reservation 
policy - Selection challenged by 4 general category candidates -
State Government. pursuant to direction of the court, by order dated 
30.04.2004 pushed down the candidates who had got appointment 
on the basis of 1990 reservation policy without giving them 
opportunity of hearing to the candidates - Two of the general 
category candidates were benefitted by the order dated 30.04.2004 
- The other two general category candidates who were not benefitted 
by the order dated 30.04.2004, were given liberty by the court to 
work-out their remedy in accordance with law - The reserved 
category candidates who were affected by order dated 30.04.2004 
challenged the order by filing writ petitions - The same was dismissed 
by Single Judge of High Court - In LPA the State Government made 
statement to the effect that the 27 officers including the appellants 
who were affected by order dated 30.04.2004 shall be allowed in 
the changed service cadre by creating shadow posts - Division 
Bench of High Court accepting the statement held that the grievances 
of the appellants were fully redressed - Appeal by the reserved 
category candidates - Held: The grievance of the 4 general category 
candidates who had challenged the selection stands concluded -
The appellants/petitioners (reserved category candidates) since have 
been holding the post since the date of their appointment for about 
25 years, their posting should not be interfered with - Their 
continuance to the post will not prejudice anyone - The matters are 
disposed of 
CIVIL APPELLATE JURISDICTION: Civil Appeal No.857 of 
2016 
837 
837 
A 
B 
c 
D 
E 
F 
G 
H 
838 
SUPREME COURT REPORTS 
[2016] 2 S.C.R. 
A 
From the Judgment and Order dated 08.09.2008 of the High Cout1 
of Judicature at Patna in LPA No. 879 of2007. 
WITH 
Transferred Case Nos. 27 and 28 of 20 I 0 
B 
R. Venkataramani, Y. A. Moina, Sr. Advs., Anshuman Sinha, lnam 
Adam, Nilkanth, Yijay Kumar Pandey, Ms. Y. Vijay Laxmi, Ms. Neel am 
Singh, Sameer Singh, Renjith B. Marar, Kumar Parimal, Yashraj Singh 
Bunde la, Aniruddha P. Mayee, Shantanu Sagar, Smarhar Singh, Anmol, 
T. Mahipal, Advs. for the Appellants. 
C 
Navin Prakash, Gopi Chand, Shivam Singh, Aditya Awasthi, Gopal 
D 
Singh, Jayesh Gaurav, Gopal Prasad, Kumar Parimal, Aniruddha P. 
Mayee, Advs. for the Respondents. 
The following Order of the Court was delivered 
ORDER 
I. I.A. No. I 7 seeking impleadment of Anil Kumar Singh is allowed. 
IA Nos. I 6 and 20 seeking transposition of respondent Nos. 13 and 14 
are also allowed and they are transposed as petitioner Nos. 4 and 5. 
2. Cause title be amended accordingly. 
E 
3. Leave granted. 
F 
G 
H 
4. Heard Mr. R. Venkataramani, learned senior counsel for the 
appellants, Mr. Shivam Singh, learned counsel for the State ofBihar and 
Mr. Jayesh Gaurav, learned counsel for the State of Jharkhand. 
5. By this order, we dispose of Civil Appeal arising out ofSLP© 
N0.204 of2010 as well as Transferred Cases Nos. 27 and 28 of2010. 
For passing appropriate orders in these cases, it is necessary to refer to 
ce11ain facts which necessitated the filing of this appeal by the appellants. 
6. There was a selection made by the State of Bihar for various 
common posts in the Gazetted Cadre. An advertisement was made on 
9th January, 1989 which was known as 361h Combined Competitive 
Examination. At the time when the advertisement was issued the issue 
relating to reservation policy was covered by the Resolution dated I oth 
November, 1978. Subsequent to the advertisement, there was another 
Resolution pertaining to reservation policy which came into being on 
30th October, I 990. By order dated 7th January, 199 I, the State 
MIRZA ALI RAZA & ORS. v. STATE OF BIHAR & ORS. 
Government declared that the policy resolution dated 30th October, 1990 
would apply even to the examinations already held for which results 
were not announced. 
7. The selection which was made pursuant to the said 36th 
Combined Examination was proceeded with and according to the 
candidates who belonged to the g
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