IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11130 of 2008 MUKHLAL RAM Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. Vishwambhar Prasad, Advocate Mr. Ashok Kumar Choudhary, Advocate For the Respondents : Mr. Lalit Kishore, Additional Advocate General-III ----------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----------- Dated, the 21st August, 2008. Mr. Lalit Kishore, Additional Advocate General-III submits that, pursuant to the notice given to the petitioner, the petitioner shall have liberty to file show-cause and the matter shall, then be considered by the Director, Secondary Education, Bihar in accordance with law. He further submits, that if show-cause has already been filed by the petitioner, then the matter is ripe and the Director, Secondary Education, Bihar shall consider the show cause, and after hearing the petitioner, pass an appropriate order. He makes a categorical statement that irrespective of any decision said to have been taken by the concerned authority pursuant to the notice given to the petitioner, the matter shall be considered by him afresh. 2. In the light of the statement of the Additional Advocate General-III, we are satisfied that, as of now, it is not necessary for us to examine the constitutional validity of the diverse provisions of - 2 - Bihar Reservation of Vacancies in Posts & Services (for Scheduled Castes, Scheduled Tribes & Others Backward Classes) Act, 1991 (Amended in the year 2003). 3. In our view, the following order shall adequately sub-serve the ends of justice: - (i) The petitioner may respond to the show-cause notice within three weeks from today, if not responded so far. (ii) The Director, Secondary Education, Bihar shall consider the cause shown by the petitioner, and after hearing him, pass appropriate order and communicate the same to the petitioner. (iii) If the order is adverse to the petitioner, the same shall not be enforced for a period of three weeks from the date of communication of the order to the petitioner. (iv) If advised, it will be open to the petitioner to challenge the said order in appropriate proceeding including challenge to the provisions of Bihar Reservation of Vacancies in Posts & Services (for Scheduled Castes, Scheduled Tribes & Others Backward Classes) Act, 1991 (Amended in the year 2003), if necessary. 4. Writ petition is disposed of accordingly. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-