Surendra Paswan vs The State of Bihar and Others

That purpose of this petition may be other than a Public Interest Litigation or certain aspects in the text of the petition may be serious, the Court is not going into these questions.

But, if the purpose was that the Legislature is not regulating or recruiting nor providing for conditions of service of persons appointed to the Secretarial staff, then, this is a misplaced petition.

Clearly, this power has been conferred by the Constitution of India on the Legislature. It is referred to in Article 187. The text is reproduced:

Secretariat of State Legislature.-(1) The House or each House of the Legislature of a State shall have a separate secretarial staff:

Provided that nothing in this clause shall, in the case of the Legislature of a State having a Legislative Council, be construed as preventing the creation of posts common to both Houses of such Legislature.

(2) The Legislature of a State may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the House or Houses of the Legislature of the State.

(3). Until provision is made by the Legislature of the State under Clause (2), the Governor may, after consultation with the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the Assembly or the Council and any rules so made shall have effect subject to the provisions of any law made under the said clause.

The High Court does not consider it appropriate to interfere with this matter where the Legislature of a State may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the Houses of the State Legislature.

The contention of the Petitioner that reservation has not been provided, the Court is not going into this as it is otherwise factually incorrect also.

Dismissed.