Contempt plea filed in Supreme Court challenging 40% job quota in Patna HC for domestic help of judges

A contempt of court petition has been filed before the Supreme Court challenging rules under which 40 percent of the sanctioned Regular Mazdoor posts in the Patna High Court can be filled by candidates selected or recommended by the Chief Justice or High Court judges.

The petition has alleged that the arrangement violates the Supreme Court’s 2014 judgment in Renu v. District & Sessions Judge, Tis Hazari, which mandated public advertisement and a transparent selection process for appointments to High Courts and subordinate courts.

In Renu, the Supreme Court had directed that vacancies in High Courts and subordinate courts must ordinarily be advertised in at least two newspapers, including one vernacular newspaper having wide circulation. It had further held that appointments made without the prescribed advertisement would be void ab initio, except appointments permissible without advertisement, such as compassionate appointments.

The plea concerns the Patna High Court Officers and Staff (Recruitment, Appointment, Promotion and Other Conditions of Service and Conduct) Rules, 2021, as amended in July and August this year.

According to the petition, the Thirteenth Amendment Rules notified on July 24 allowed 25 per cent of the sanctioned Regular Mazdoor posts to be filled through selection or recommendation by the Chief Justice or judges under the Patna High Court Judges’ Domestic Help (Modified) Scheme, 2025.

The Fourteenth Amendment Rules, notified on August 13, increased this quota from 25 per cent to 40 per cent. The Patna High Court has 240 sanctioned Regular Mazdoor posts, the plea states.

As per the petition,

“The establishment of a 40% discretionary recommendation quota without public advertisement directly violates the mandatory directions in Paragraph 35 of Renu.”

The remaining 60 percent of posts are to be filled through direct recruitment. Candidates applying under this category must be at least class VIII pass but cannot possess an educational qualification beyond class XII. They must also have knowledge of cycling, proficiency in life skills and clear a written examination, skill test and interview.

In contrast, candidates recommended by the Chief Justice or judges under the 40 per cent quota are only required to have passed class VIII. The other tests and eligibility requirements have been removed for this category, the petition has contended.

It alleges that the Modified Domestic Help Scheme does not provide for publication of an advertisement or any open selection process. Domestic helps selected by judges are engaged as Regular Mazdoors and enter the High Court’s regular establishment.

The petition highlights that Regular Mazdoor is also a feeder cadre for promotions to several other posts. Therefore, as per the petitioner, non-transparent appointments at the entry level would affect seniority and promotional opportunities for candidates recruited through a competitive process.

The plea has sought contempt of court action against Bihar Law Department Secretary-cum-Legal Remembrancer Balram Dubey and Patna High Court Registrar General Rupesh Deo for wilful disobedience of the Supreme Court judgment.