Patna, Jan. 21: Patna High Court today gave a go-ahead to the Bihar Public Service Commission (BPSC) to complete the ongoing process of recruitment of 217 civil judges (junior division) within six months, without following the 27 per cent quota for other backward classes (OBC) in judicial services.

A division bench comprising Justice Shiva Kirti Singh and Justice Ravi Ranjan vacated its stay on the publication of results in the light of the Supreme Court’s judgment dated December 3, 2010.

The country’s highest court in its judgment had clearly stated that the commission would complete the process of recruitment within six months on the existing rules of 2008.

In 2008, the state government had advertised for 27th Bihar Judicial Service (preliminary) Examination for the post of 217 civil judges and there was no provision for reservation for OBC category as it advertised quota for only Scheduled Caste (35 posts), Scheduled Tribe (two posts) and unreserved (180 posts).

But the government later withdrew the advertisement and again came out with a new advertisement in 2009 with an amendment in Bihar State Judicial Service Rules, 1951, incorporating 27 per cent quota for the OBC category.

The high court passed the order on a petition filed by one Dayanand Singh, challenging the state government’s decision to bring the judicial service under quota purview, which was not legally correct.

Besides declaring the quota as unconstitutional, the petitioner had also sought stay on the preliminary test (PT) examination which was scheduled to be held on December 30, 2009.

The court refused his plea but directed the commission not to publish the PT results, thus halting the recruitment process.

Madhuresh Singh, counsel for the petitioner, submitted that judicial services did not come under the state government’s domain and hence it has no power to implement quota policy for OBC in the judicial services.

With regard to judicial services, rules are framed in consultation with the high court and the governor but in this case, the state government is consulting only the high court while ignoring the constitutional authority, Singh contended.

The state government provided 27 per cent quota to OBC with retrospective effect of October 1, 2008, he added.

Earlier, during the hearing, state’s advocate general (AG) had informed the court that the state government has sent the letter to the high court regarding consultation for reservation in direct recruitment of civil judge (junior division) and additional district and sessions judge.