Judgment

VENKATARAMIAH, J.:- This is an appeal by special leave filed against the judgment of the High Court of Patna in Civil Writ Jurisdiction Case No. 1449 of 1984 dated April 16, 1985* by which the High Court. declined to grant the prayer of the appellant for the inclusion of his name in the list of successful candidates at the 19th Competitive Judicial Service Examination field in December 1979 by the Bihar Public Service Commission (hereinafter referred to as the Commission). The facts of the case are briefly these. Pursuant to an advertisement issued by the Commission in the month of October, 1979 calling for applications from eligible candidates to fill up the posts of Munsiffs in the Bihar Judicial Service, the appellant filed his application before the, Commission within time. He appeared at the Competitive Judicial Examination held in the month of December, 1979, the Roll No. allotted to him being 388. Thereafter on July 27, 198 1. he appeared at the viva voce test held by the Commission. The appellant obtained in all 416 marks including the marks obtained at the viva voce test. He, however, did not receive any order of appointment although a candidate who had secured in the aggregate lower marks than what he had secured had been appointed as Munsiff. Aggrieved by the non-inclusion of his name in the list of successful candidates he filed the above said Writ Petition in the High Court of Patna. under Article 226 of the Constitution which ultimately came to be dismissed as mentioned above. This appeal by special leave is filed against the judgment of the High Court.

* Reported in (1985) 2 Serv LR 135 (Pat).

2. At the first instance, the Government had decided to appoint 83 candidates as Munsiffs. Later on, it was decided to appoint in all 139 candidates as Munsiffs. After the list of successful candidates was submitted by the Commission, the Government appointed on September 16, 1982, 83 candidates as Munsiffs. Later on by its order dated May 3, 1983, 14 more candidates who belonged to the Most Backward Classes were appointed. These 14 appointments were challenged by some of the candidates in two Writ Petitions filed before the High Court, i.e., C.W.J.C. Nos. 1868 of 1983 and C.W.J.C. 2209 of 1983. The High Court allowed these petitions, quashed the appointments of the said 14 candidates on the basis of reservation and directed the Commission to forward the names of successful candidates in accordance with the Rules. Then a further list containing names of 18 candidates was submitted by the Commission. After a petition for contempt was filed in M.J.C. No. 600 of 1983 before the High Court, another list containing names of 20 candidates was submitted. In the consolidated list of these 38 candidates the Commission did not include the name of the appellant even though it had included at serial Nos. 36, 37 and 38 the names of candidates who had secured lower marks than what the appellant had obtained. In this appeal we are called upon to examine whether the exclusion of the name of the appellant from that list was justified or not.

3. The recruitment to the Judicial Branch of the Bihar Civil Service is regulated by the Bihar Civil Service (Judicial Branch) (Recruitment) Rules, 1955 (hereinafter referred to as the Rules) promulgated by the Governor of Bihar under Article 234 of the Constitution of India after consultation with the High Court of Judicature at Patna and the Commission. Rule 2(a) of the Rules provides that the recruitment to the posts of Munsiffs shall be made in accordance with the Rules. Rule 3 of the Rules requires the Governor to decide in each year the number of vacancies in the cadre of Munsiffs to be filled by appointments to be made on a substantive basis or on a temporary basis or both. On such determination being made the Commission is required by rule 4 of the Rules to announce in each year, in such manner as it thinks fit, the number of vacancies to be filled that year by direct recruitment on the r