ORDER :

This appeal arises out of a judgment and order dated 5th February, 2009 passed by a Division Bench of the High Court of judicature at Patna whereby C.W.J.C. No.6666 of 2008, filed by the present respondents no.4 and 5 challenging the appointment of the appellants as Civil Judges Junior Division in the Bihar Judicial Service, has been allowed and the appointment of the appellants set aside. The High Court has next directed the Bihar Public Service Commission to recommend the case of persons placed below the appellants in the merit list and belonging to the scheduled caste category for appointment against the vacancies occupied by the appellants. The High Court has further directed that the State Government shall on receipt of any such recommendation make the necessary appointment and that the persons so appointed shall earn their seniority but shall not be entitled to any emoluments for the past period. The High Court has ordered that if respondents no.4 and 5 (writ petitioner and the intervenor) are not placed immediately below the present appellants in the merit list, the Bihar Service Commission shall be at liberty to recommend the names of those who are so placed.

2. It is