Md. Jubair v. The State of Bihar

For the Petitioner : Mr. Navin Kumar, Advocate Mrs. Bindu Rani, Advocate For the Respondents : Mr. Vikash Kumar, A.C. to PAAG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

16-12-2013 This Petition under Article 226 of the Constitution is filed by one Md. Jubair to challenge the Notification dated 1st September 2005 issued by the Government of Bihar in respect of reservation in public services, under the Bihar Reservation of Vacancies in Posts and Services (For Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991. For the purposes of reservation in State services, the State Government has published a list of communities classified 2 Patna High Court CWJC No.16369 of 2011 (4) dt.16-12-2013 as Extremely Backward Class and Backward Class. The community “Nalband Muslims” has been classified as a Backward Class community. It is the aforesaid classification which has irked the writ petitioner. According to the writ petitioner, the Nalband Muslims are Extremely Backward Class and the said community should have been included in the list of Extremely Backward Class communities. Except the bare statement made by the writ petitioner, the petitioner has not brought any material to substantiate his claim. In any view of the matter, classification of communities as Backward Class or Extremely Backward Class or otherwise is purely an executive function of the State Government. No mandamus can be issued in this respect. Petition is thoroughly misconceived. Hence, rejected. (R.M. Doshit, CJ) Pawan-Sanjeet (Ashwani Kumar Singh, J)