IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9520 of 2004 1. SATISH KUMAR BHAGAT S/O BAIJNATH BHAGAT, R/O VILL-& PO- GHAGHRA, DISTT- GUMLA (JHARKHAND) 2. ANIL KUMAR S/O RAMESHWAR MEHRA, PERMANENT RESIDENT OF VILL- GOVINDPUR PO- PAHARIDIH, PS- SARWAN, DISTT- DEOGHAR (JHARKHAN)----------------RESPONDENTS Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECY. GOVT. OF BIHAR, OLD SECRETARIAT, PATNA 2. THE COMMISSIONER-CUM-SECY, DEPATT. OF PERSONNEL & ADMINISTRATIVE REFORMS, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA 3. THE DEPUTY SECY. DEPATT. OF PERSONNEL & ADMINISTRATIVE REFORMS, GOVT. OF BIHAR, PATNA. 4. THE COMMISSIONER-CUM-SECY, DEPTT. OF WELFARE, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA 5. THE DIRECTOR, DEPTT. OF WELFARE, GOVT. OF BIHAR,PATNA ----------- 8 3.8.2010 Heard learned counsel for the parties. The present writ application is confined to the two petitioners who have been renumbered as 1 and 2 since the original petitioner no.1 was deleted in view of certain developments which took place at the relevant time in the year 2008. The two petitioners are original residents of Jharkhand State and want a direction upon the State of Bihar to appoint them on the post of Block Welfare Officer by virtue of the fact that they were the part of the successful candidates whose results were declared and recommendation made by the Bihar Public Service Commission. It is not in dispute that the advertisement in question is Advertisement No. 30 of 1999 issued on 1.1.2000 i.e. prior to the bifurcation of the State of Bihar and prior to coming of Reorganization Act by virtue of which the State of Jharkhand was created. It is also a fact that the recommendation came to be made - 2 - by the Bihar Public Service Commission only in the year 2002 and by that time one third of the vacancies initially advertised had to be given a go bye as those vacancies would fall within the ambit of the State of Jharkhand. But despite such development it is the case of the petitioners that they are still in the zone of consideration. But for the fact that an amendment to Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act 1992 came to be notified in 2002. The effect of such an amendment is that from retrospective date i.e. 11.6.1996 the benefit of reservation was confined to the residents of Bihar and Bihar alone. It is the contention of these two petitioners that such an amendment from a retrospective date is unconstitutional and has no binding effect so far the rights of these two petitioners are concerned. In this regard learned counsel for the petitioners presses into service two decisions which are cases of Ganpati Singh vrs. The State of Bihar & Ors. reported in 2003(4) PLJR 541 and Dr. Surendra Kumar & Anr. vrs. The State of Bihar & others along with analogous case reported in 2005 (4) PLJR 478. The reliance placed by the petitioners on the two decisions have no meaning in view of the subsequent decision rendered by a Division Bench of this Court in a batch of writ applications which is the case of Khichri Ram vrs. The State of Bihar & others along with analogous cases reported in 2009 (2) - 3 - PLJR 265. The Division Bench has upheld the amendment brought to the said Act and upheld the validity of the Act on the ground of retrospectivity part as well. If the validity of such amendment stands upheld by the Division Bench then all the decisions of learned Single Judges cited at the bar have no bearing on the actual state of affairs. The Division Bench having laid down the law, the claim of the petitioners for appointment to the post despite being native of the State of Jharkhand cannot be entertained. No case for a direction upon the respondents is made out for appointment of the two petitioners. Their rights had come to an end by virtue of the amendment brought about in the law, the validity of which was tested and upheld by the Division Bench in the decision of Khichri Ram & others (Supra). This writ application is dismissed as being devoid of merit. RPS (Ajay Kumar Tripathi, J.)