PATNA: The Patna high court on Tuesday struck down the law providing 40% institutional reservation to the passouts from the government’s polytechnic institutions in Bihar. The division bench of Chief Justice Sanjay Karol and Justice S Kumar, while hearing writ petitions filed by Vinit Kumar and others, held such law as arbitrary, irrational and violation of Articles 14 and 16 of the Constitution.
Striking down Rule 4(a) of the Subordinate Engineering (Civil) Cadre Recruitment (Amendment) Rules, 2017 for recruitment of junior engineers/technical assistants, the high court also directed the government to provide 40% institutional reservation to all polytechnic institutions affiliated and recognized by the AICTU within Bihar, irrespective of their private or governmental status. The court also directed the Bihar State Technical Services Commission to prepare a fresh select/merit list granting 40% institutional reservation to all the polytechnic diploma holders who have obtained their diploma certificate from any of the polytechnic institutes in Bihar.
About 40 petitioners, who had diploma from various private but affiliated polytechnic institutes in Bihar were aggrieved by such reservation rules.
