IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.12240 of 2004 ========================================== DINESH KUMAR & ORS - Petitioner(s) Versus THE STATE OF BIHAR & ORS - Respondent(s) ========================================== Appearance: For the Petitioner: Mr. PRAMOD KUMAR SINGH Mr. S.D. RAI Mr. VIRENDRA KUMAR Mr. RAKESH SINHA For the Respondent: Mr. D.K. SINHA, AAG-2 Mr. PRAMOD KUMAR SINHA, A.C. to A.A.G.-2 ========================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 10. 21.01.2011 This petition under Article 226 of the Constitution is filed in public interest to challenge the action of the respondent-State of Bihar in reserving as many as 534 posts of Police Sub-Inspector for the candidates knowing Urdu language. In other words, the State of Bihar has made reservation in public employment on the basis of language, contrary to the principle of equality enshrined in Article 14 of the Constitution and contrary to the principle of equality in public employment enshrined in Article 16 of the Constitution. Under public advertisement published in a local newspaper on 21st September 2004, the State of Bihar invited applications from eligible candidates for appointment to 1510 2 posts of Police Sub-Inspector and for appointment to 534 posts of Police Sub-Inspector from the eligible candidates knowing Urdu language. In other words, out of total posts of 2044 of Police Sub-Inspector as many as 534 posts were reserved for the candidates knowing Urdu. In answer to the petition, the State of Bihar has filed counter affidavit. It is stated that the impugned advertisement was issued in consonance with the provisions contained in the Bihar Police Manual. Reliance is placed on the Notification dated 11th September 2004. Under the said Notification issued in exercise of power conferred by Sub- Section (3) of Section 46 of the Police Act read with proviso to Article 309 of the Constitution of India, in the provision contained in the Bihar Police Manual, relating recruitment of Police Sub-Inspectors amendment has been made by adding “An Urdu-knowing Sub-Inspector may also be posted as per need.” in Sub-rule 3(e) (ì) of Rule 7(a) of the Bihar Police Manual, 1978. Under the same Notification several other corresponding amendments have been made to the Bihar Police Manual to provide for reservation for Police Sub-Inspectors knowing Urdu language. It would not be out of place to mention here that the recruitment pursuant to the impugned advertisement of the Police Sub-Inspectors knowing Urdu language was stayed pending this petition. 3 We are informed at the bar that the recruitment to fill up 1510 posts of Police Sub-Inspectors was completed. However, in view of the stay order issued by this Court the 534 posts reserved for Urdu knowing candidates were not filled in. In the above circumstances, as such the cause of action does not survive. Besides, though the rules have been amended, the amendment is brought on the record, the petitioners have not challenged the constitutional validity of the rules permitting reservation for the Police Sub-Inspectors knowing Urdu language. In our opinion, in absence of challenge to the amendment, the petition has become infructuous. The petition is accordingly disposed of. The parties will bear their own cost. S.Sb/- (R.M. Doshit, CJ.) (Jyoti Saran, J.)