IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.15858 of 2007 ==================================================== Rajani, wife of Santosh Kumar, daughter of Rajendra Prasad, resident of village-Biman, Police Station-Ariari, Post Office-Biman, District- Shekhpura. ……………………………… Petitioner. Versus 1. The State Of Bihar, through the Secretary, Rural Development Department, Government of Bihar, Patna 2. The Director, Panchayat Raj Directorate, Bihar, Patna.- 3. The Collector, Shekhpura. 4. The District Panchayat Raj Officer, Shekhpura. 5. The Block Development Officer, Ariari, District-Shekhpura 6. The Nodal Officer, Block Ariari, District-Shekhpura. 7. The Sarpanch, Afni Gram Panchayat, Ariari, District-Shekhpura. 8. The Sarpanch, Chordargah Gram Panchayat, Ariari, District-Shekhpura. 9. The Sarpanch, Biman Gram Panchayat, Ariari, District-Shekhpura. …………………………. Respondents ===================================================== Appearance : For the Petitioner: Mr. T.N. Maitin, Senior Advocate Mr. Harshwardhan Sahay, Advocate Mr. Rajeev Kumar Sinha, Advocate For the Respondents: Mr. Lalit Kishore, AAG-I Mr. Piyush Lal, A.C. to A.A.G.-I ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE & HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) 2 13.01.2011 The petitioner, a qualified advocate challenges the constitutional validity of Rule 5a(i) of the Bihar Gram Katchahry Nyaya Mitra (Employment, Service Conditions and Duties) Rules, 2007 (hereinafter referred to as “the Rules”) framed in exercise of powers conferred by Section 146 read with Section 94(2) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as “the Act”). Chapter VI of the Act comprising Sections 90 to 122 provides for establishment, powers, duties and procedure of the Gram Katchahry and the benches thereof. Section 90 of the Act provides for establishment of a Gram Katchahry in every Gram Panchayat area for the purpose of discharging the judicial functions imposed upon it. The said provisions further provide for election of a Sarpanch and the Panches of the Gram Katchahry and appointment of Nyaya Mitra for assisting the Gram Kachahry. Section 92 provides, inter-alia, that every Gram Katchahry shall continue for 5 years and no longer. Section 94(2) of the Act provides for appointment of Nyaya Mitra to be appointed in the prescribed manner. The eligibility, procedure and other incidental matters for 3 appointment of Nyaya Mitra are provided under the Rules. Rule 5a(i) provides “he or she must be a citizen of India and resident of the concerned district of the State of Bihar”. It is not in dispute that the petitioner is a qualified law graduate eligible for appointment as a Nyaya Mitra. In the year 2007 or thereabout, she had applied for appointment as Nyaya Mitra in District Shekhpura. Though she was selected she was denied appointment on the ground that she was not the resident of the said district. Feeling aggrieved she has preferred this petition. Learned Senior Advocate Mr. T.N. Maitin, has appeared for the petitioner. He has submitted that Rule 5a(i) of the Rules which restricts the appointment of a Nyaya Mitra to a particular area, is arbitrary and contrary to Articles 14 and 16 of the Constitution. He has also submitted that the Rule is contrary to Hindu Succession Act also, as the petitioner has a hereditary right in the parental properties at Shekhpura. She, therefore, should be considered to be a resident of District- Shekhpura. Let it be noted that Rule 8(2) of the Rules provides that the contract of employment of a Nyaya Mitra will 4 terminate automatically with the completion of the tenure of the Gram Katchahry. Learned Additional Advocate General-I, Mr. Lalit Kishore has submitted that issues raised in the present petition have become academic as the tenure of the Gram Katchahries will expire some time in the months of March/April 2011. With the expiry of the tenure of the Gram Katchahry the appointment of Nyaya Mitra shall also stand terminated. He has further submitted that irrespective of the validity of the Rule 5a(i) the petitioner cannot be granted any relief in the present petition as in the event this Court agrees with the petitioner, the post shall have to be re-advertised to invite applications from all eligible candidates irrespective of their residence. We do agree with Mr. Lalit Kishore, learned Additional Advocate General-I that the matter relating to the present petitioner has become academic. We may, therefore, not decide the constitutional validity of Rule 5a (i) of the Rules. We may, however, end with the caution that the State Government may better have a second look at the impugned Rule; whether the restriction imposed under Rule 5a (i) has nexus or rationale with the purpose for which the Gram 5 Katchahries are established. If need be the impugned Rule 5a(i) may be amended or suitably explained before more appointments of Nyayamitra are made. In above view of the matter, the petition is disposed of. Rule is discharged. The parties will bear their own cost. Patna High Court/ Dated the 13th January 2011/ Bibhash/N.A.F.R. ( R.M. Doshit, CJ.) (Jyoti Saran, J.)