IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11873 of 2008 KAMTA PRASAD Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. Gyan Shankar, Advocate For the Respondents : Mr. Lalit Kishore, AAG III Mr. Satyabir Bharti, JC to AAG III ------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal --------- Dated, the 13th August, 2008. Mr. Satyabir Bharti, the government counsel submits that no adverse order affecting the promotion/service of the petitioner has been passed. He submits that only show-cause notice has been given. 2. In the light of the statement of the government counsel, we are satisfied that as of now, it is not necessary for us to examine the constitutional validity of the diverse provisions of Bihar Reservation of Vacancies in Posts & Services (for Scheduled Castes, Scheduled Tribes and other backward Classes) Act, 1991 (Amended in the year 2003). 3. In our view, the following order shall meet the ends of justice – (i) The petitioner may respond to the show-cause notice dated 4th July, 2008 within three weeks from today, if - 2 - not responded so far; (ii) The Director, Secondary Education, Bihar, shall consider the cause shown by the petitioner and after hearing him, pass an 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 and other 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. Anil/