Supreme Court of India

State of Bihar and Anr. v. Bal Mukund Sah and Ors.

Neutral citation

Reported as [2000] 2 S.C.R. 299

Bench S.B. Majmudar, G.B. Pattanaik, V.N. Khare, Rp. Sethi B and Umesh C. Banerjee JJ.

Decided 14 March 2000

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

13 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that normally, as a matter of rule, recommendations made by High Court for the appointment of a District Judge should be accepted by the State Government and the Governor should act on the same.

Judgment, page 134

From the headnote

Constitution of India, Articles 233, 234, 235 and 309-Bihar Reserva tion of Vacancies in Posts and Services (for Schedule Castes Scheduled Tribes and Other Backward Classes) Act, /99I, s.4-Actproviding for reservation for direct recruitment to posts of District and subordinate Judges in Bihar Validity of-Held s.4 of Act in its application to subordinate judiciary was ultra vi res Articles 233 and 234 of the Constitution of India and could not be sustained-Bihar Judicial Service (Recruitment) Rules, 1955. Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled

Authorities it was built on

1969 Chandramouleshwar Prasad v. Patna High Court & Ors. cited by 26
1969 State of Assam & Anr. v. Kuseswar Saikia and Ors. cited by 10
1981 Guda Vijayalakshmi v. Guda Ramchandra Sekhara Sastry cited by 1

Where later benches applied it

2024 Dr Kavita Kamboj v. High Court of Punjab and Haryana & Ors relied on
2018 Justice K. S. Puttaswamy (retd.) v. Union of India & Ors. relied on
2016 Govt. of Bihar and Ors. Etc. Etc. v. Dayanand Singh Etc. Etc. relied on
2012 Union of India and Ors. v. Brigadier P.S. Gill relied on
2024 Abhimeet Sinha & Ors. v. High Court of Judicature at Patna & Ors. referred to
2020 Sujata Kohli v. Registrar General, High Court of Delhi & Ors. referred to
2020 Dheeraj Mor v. Hon’ble High Court of Delhi referred to
2019 V. Surendra Mohan v. State of Tamil Nadu & Ors. referred to
2018 Telangana Judges Association & Anr. v. Union of India & Ors. referred to
2018 Government of Nct of Delhi v. Union of India & Another referred to
2014 State of Tamil Nadu v. State of Kerala & Anr. referred to
2012 The Secretary, Ministry of Health & Family Welfare, Government of Maharashtra v. S.C. Malte & Ors. referred to
2011 Jamaluddin v. State of Jammu & Kashmir and Ors. mentioned

Of those, 4 relied on · 8 referred to · 1 mentioned

Sign in free to read it

The full judgment, page by page, as published in the Supreme Court Reports
The ratio: what the Court held, verbatim, with the page it sits on
Every bench that relied on it, and every bench that argued against it
Search every reported judgment, by party, citation or question
Download the PDF, copy pinpoint citations ready for a filing

An email address, no password.