Judgment

K. JAYACHANDRA REDDY, J. - The State of Bihar questioning the judgment of the High Court in respect of selection of Additional District & Sessions Judges, has filed these appeals. The Government of Bihar issued an advertisement on 29-9-1989 which was published in the newspapers inviting applications for appointment to the posts of Additional District & Sessions Judges. Quite a number of applications were received and as envisaged in the notification, a written test was held on 9-9-90. As many as 129 candidates who were successful in the written test, were called for the viva voce test which was held in November, 1990. On the basis of the marks secured in the written test as well as in the viva voce test, 32 candidates out of 129 candidates were selected against the existing vacancies and the High Court recommended the names of 32 candidates in order of merit with necessary particulars for their appointment as Additional District & Sessions Judges in the quota of direct recruits in the Bihar Superior Judicial Service. On 5-2-91 the selected candidates were asked to appear for medical test. The High Court again by letters dated 4-3-91 and 3-6-91 also requested the Government to appoint the candidate at Serial No. 33 since one more vacancy had occurred due to the retirement of one of the officers. On 24-11-90, the Full Court of the Patna High Court passed a resolution deciding that any further vacancy in the quota of the direct recruits from the Bar within the period of one year would be filled up from the merit list prepared by the High Court. The concerned Joint Secretary of the Government wrote on 17-7-91 to the Registrar informing him that the Government has decided to advertise the vacancies afresh because the vacancies of earlier year had exhausted. Three of the candidates from out of the merit list of 129 candidates, who were not selected, filed two writ petitions in the High Court seeking a writ of mandamus directing the Government to fill up 1/3rd vacancies of the sanctioned strength of the service by direct recruitment from amongst candidates in the merit list prepared by the High Court on the basis of written test and viva voce test held. In other words, they sought a direction that 1/3rd of the existing vacancies of the quota of direct recruits should be filled up from the said existing panel prepared by the High Court, the validity of which panel would expire after November, 1991. It was also contended that until the expiry of the said merit list which was valid till November, 1991, no fresh advertisement for any such vacancies should be made. The High Court holding that the list of 129 candidates prepared by it was to remain valid till November, 1991, accepted the contention of the writ petitioners and directed the State Government and its authorities to consider the appointment of the writ-petitioners and others to the posts of Additional District and Sessions Judges out of the said merit list and accordingly allowed the writ petitions. As against the said judgment, the present appeals are filed by the State of Bihar. Questioning the judgment of the High Court on the same grounds, Bihar Judicial Services Association through its Secretary has filed S.L.P. (C) No. 1782/93.

2. Shri Shanti Bhushan, learned senior counsel appearing for the appellants contended that only 32 vacancies were there and that advertisement was limited to only those vacancies and that out of the candidates who appeared for the qualifying written examination, the first 129 candidates on the basis of merit in the ratio of 1 : 4 i.e. four candidates against each vacancy, were called for interview and that on the basis of the marks obtained in the written test as well as viva voce test, a combined list was prepared and the first 32 candidates on the basis of the merit list were selected and were recommended to the Government for being appointed in the existing 32 vacancies which were meant to be filled up by direct recruitment from the Bar.