Judgment

S.P. Kurdukar, J.-A common question as regards the interpretation of Rule 20 of Bihar Judicial Service (Recruitment) Rules, 1955 arises in all these Appeals under the following circumstances :

2. Bihar Judicial Service (Recruitment) Rules, 1955 (for short ‘Rules’) were framed under Article 234 of the Constitution of India for appointment of Munsifs in the Bihar Civil Service (Judicial) Branch. On coming into force of the new Criminal Procedure Code w.e.f. 1.1.1974 the work earlier done by the Executive Magistrates stood transferred to Judicial Magistrates. Consequently the Bihar Government decided to create 152 additional temporary posts of Munsifs in the State and, therefore, on 18.5.1974 the Bihar Civil Service (Judicial Branch) Adhoc Recruitment Rules, 1974 (hereinafter for short ‘1974 Rules’) were framed under Article 234 of the Constitution.

3. On April 3, 1973 the BPSC issued advertisement for 200 posts of Munsifs for the 15th examination under 1955 Rules. The break up of 200 posts was 152 posts for general category and 48 posts were reserved for SC/ST. The BOPS conducted the written examination sometime in December, 1973. On August 26, 1974 the High Court of Patna c