IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.8508 of 2011 ====================================================== 1. Sanjeev Kumar 2. Manoj Kumar Both sons of Mahatam Prasad, resident of Indira Nagar, Road No.4, P.O.-Lohia Nagar, Police Station-Kankarbagh, District-Patna .... .... Petitioners Versus 1. The State of Bihar through the Chief Secretary, Bihar, Patna. 2. The Principal Secretary, General Administration, Bihar, Patna. 3. The Deputy Secretary, General Administration, Bihar, Patna. 4. The District Magistrate, Patna. 5. The Additional District Magistrate (Disaster Management), Patna. 6. The Additional Collector (Naxal), Patna 7. The District Welfare Officer, Patna. 8. The Sub-divisional Officer, Patna Sadar, Patna. 9. The Circle Officer, Phulwarisharif, Patna. .... .... Respondents ====================================================== Appearance : For the Petitioners : Mr. Bindhyachal Singh, Advocate For the Respondents : Mr. Girija Shankar Prasad, GP-1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 11.05.2011 This petition under Article 226 of the Constitution is filed by the two petitioners who are Judicial Officers in the State of Bihar. The question Patna High Court CWJC No.8508 of 2011 (2) dt.11-05-2011 2 arose in C.W.J.C. No. 6666 of 2008 whether the petitioners could avail of the benefit being members of the Scheduled Caste. This Court (Coram- Mr. Justice C.K. Prasad, the Acting Chief Justice, as he then was and Mr. Justice S.K. Sharma) by judgment and order dated 5th February 2009 was pleased to hold that the petitioners are not the native of the State of Bihar. They were, therefore, not entitled to reservation in judicial service in the State of Bihar. The said judgment and order has been challenged before the Hon’ble Supreme Court. The Hon’ble Supreme Court has entertained the matter in Civil Appeal No. 2635 of 2011. Pending the proceeding before the Hon’ble Supreme Court, the Collector initiated action for cancellation of the Caste Certificate and the residence certificate. Therefore, the present petition. Keeping in view that the matter is pending before the Hon’ble Supreme Court, the impugned orders dated 30th April 2011 and 22nd November 2010, Anexures-10 & 11 to the writ petition, will remain in abeyance and will be subject to the result of the Appeal pending before the Hon’ble Supreme Court. Patna High Court CWJC No.8508 of 2011 (2) dt.11-05-2011 3 The petition stands disposed of in the above terms. Bibhash ( R.M. Doshit, CJ.) (Jyoti Saran, J.)