JUDGMENT

S.B. Majmudar, J.—(Majority Opinion) Leave granted in Special Leave Petition No. 16476 of 1993.

2. Both these appeals, on grant of special leave under Article 136 of the Constitution of India, are moved by the State of Bihar, which is common appellant No. 1 in both these appeals. In Civil Appeal No. 9072 of 1996 the Secretary, Department of Personnel and Administrative Reforms, Government of Bihar is appellant No. 2, while in the companion appeal arising from the Special Leave Petition No. 16476 of 1993, the other contesting appellant is the Special Executive Officer-cum-Deputy Secretary, Bihar Public Service Commission, Patna. In both these appeals, a common question of law arises for consideration, namely, whether the Legislature of the appellant State of Bihar was competent to enact the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991 (hereinafter referred to as ‘the Act’), in so far as Section 4 thereof sought to impose reservation for direct recruitment to the posts in the Judiciary of the State, subordinate to the High Court of Patna, being the posts of District Judges as well as the post