Supreme Court Upholds Job Security for Bihar Public Servants in Reservation Dispute

The Supreme Court of India, in the case of Mirza Ali Raza & Others vs. State of Bihar & Others, addressed a long-standing dispute regarding job appointments and reservation policies in the Bihar Public Services Commission (BPSC) recruitment process. The judgment focused on whether appointments made under a subsequently quashed reservation policy should be altered, impacting the tenure and security of affected employees.

The Court ultimately ruled in favor of maintaining the employment status of affected public servants, recognizing the long duration of service rendered and emphasizing that further disruptions would be inequitable. The ruling is significant for cases involving retrospective changes in government policy and their impact on appointments.

Background of the Case

The dispute stemmed from the 36th Combined Competitive Examination conducted by the Bihar Public Services Commission (BPSC). The recruitment process was initiated via an advertisement dated January 9, 1989. At that time, the state’s reservation policy was governed by a resolution issued on November 10, 1978. However, after the recruitment process had begun, the Bihar government introduced a new reservation policy through a resolution dated October 30, 1990, which significantly altered the percentage of reservations for various categories.

On January 7, 1991, the Bihar government issued an order declaring that the new reservation policy would apply to all ongoing examinations, including those for which results had not yet been announced. This decision became contentious, as it led to the reallocation of positions in the merit list.

The results of the 36th Combined Examination were published on May 11, 1991. However, the new reservation policy, which had been applied retrospectively, was later quashed by the High Court on May 23, 1991. This created uncertainty regarding the validity of the appointments made under the now-invalidated policy.

Arguments Presented

Petitioner’s (General Merit Candidates) Arguments

• The retrospective application of the October 30, 1990 reservation policy unfairly impacted the merit-based selection process.
• Since the policy was quashed by the High Court after the results were published, the appointments made under it should be reconsidered.
• They argued that either shadow posts should be created for general category candidates who lost positions due to the reservation policy, or those appointed under the quashed policy should be pushed down the seniority list.

Respondent’s (State of Bihar) Arguments

• The policy was applied in accordance with the government’s resolution at the time.
• The High Court had ruled that since the appointments had already been made, there was no justification for interfering with the selection process.
• Since the selected candidates had been serving for a long time, altering their status would create significant administrative difficulties and disrupt governance.

Supreme Court’s Ruling

The Supreme Court, in a judgment delivered by Justices Fakkir Mohamed Ibrahim Kalifulla and C. Nagappan, ruled in favor of maintaining the employment status of those appointed under the now-quashed reservation policy. The key observations and directives of the Court were as follows:

1. Non-Interference in Established Employment

The Court emphasized that the affected employees had been serving for over 25 years by the time the case reached the Supreme Court. Disrupting their employment at this stage would be inequitable:

“Since the appellants and petitioners in transferred cases have been holding the post from the date of their initial appointment and are continuing as such till this date, we are convinced that by allowing them to continue, no prejudice will be caused to anyone.”

2. Reservation Policy Application and Reversal

The Court acknowledged that while the retrospective application of the reservation policy had caused legitimate concerns, the issue had been litigated for decades. Given the passage of time and the administrative challenges involved in reversing past decisions, the Court found it impractical to modify the existing appointments.

3. Creation of Shadow Posts

To balance competing interests, the State of Bihar had initially suggested creating shadow posts for those displaced due to the policy. However, the Court declined to order such measures, reasoning that doing so would complicate administrative processes further.

4. No Further Litigation on the Matter

The Court made it clear that this decision was final and could not be used as a precedent in other cases:

“We hasten to add that this order shall not be and cannot be quoted as a precedent in any other case, inasmuch as this order is being passed in the peculiar facts and circumstances of the cases on hand.”

Final Verdict

The Supreme Court ruled as follows:

• The appointments made under the reservation policy would not be disturbed, even though the policy was later quashed.
• All affected candidates would be allowed to retain their posts and continue serving until superannuation.
• The State of Bihar and the State of Jharkhand were directed not to interfere with the current service positions of the petitioners.
• This judgment would not serve as a precedent for any future reservation-related disputes.

Conclusion

This ruling underscores the principle of stability in government appointments and emphasizes that retrospective changes in policy should not unfairly displace long-serving employees. The Court’s decision provides several key takeaways:

• Once appointments are made and employees have served for a significant period, courts should be reluctant to disturb their service.
• Governments should exercise caution when applying reservation policies retrospectively, as it can lead to prolonged litigation.
• Administrative stability is crucial, and the interests of all stakeholders should be balanced when resolving policy disputes.

This judgment serves as an important precedent for managing disputes arising from retrospective policy changes and ensures that governance remains stable even in the face of legal challenges.

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