Hc Seeks Reply From Govt, Bstsc On Ews Quota | Patna News – Times of India
Patna: Taking notice of a writ application challenging the constitutional validity of the laws providing 10% reservations to the economically weaker section (EWS) in Bihar, the Patna high court sought replies from the state govt and Bihar State Technical Services Commission (BSTSC), which has applied the quota in the selection process of AYUSH medical officers.The case will be heard again on September 25.
A division bench comprising Chief Justice K Vinod Chandran and Justice Nani Tagia while hearing a writ petition of Ajay Kumar Lal and another person, passed this order on Monday.
The petitioners alleged that the reservation laws enacted in 2019 for granting EWS reservations for the vacancies in the state govt as well as in admissions to the educational institutions, wrongly envisage 10% quota of the total vacancies and seats. They said that the Constitution mandates that such reservation for the EWS should be of total posts and seats meant for the unreserved (general) category.
Senior counsel D K Sinha and advocate Rajesh Kumar Sharma submitted to the court that on February 23, 2019 a new law namely Bihar Reservation in vacancies in posts and in services and in admission in educational institutions (for EWS) Act was notified. Two days thereafter, the rules for implementing such reservation in Bihar were also notified. Based on such enactment, the commission published advertisements for appointment of AYUSH medical officers in the state.
The advertisement stipulated 10% EWS reservations out of total vacancies which ought to have been in percentage of total unreserved (general) posts. The counsels alleged that such provisions are opposed to the constitutional mandate.
The high court asked the respondent authorities to file their replies within four weeks. The case will be heard again on September 25.
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