ARUN MISHRA, NAVIN SINHA
RAHUL DUTTA – Appellant
Versus
STATE OF BIHAR – Respondent
JUDGMENT :
1. Writ Petition ….(Diary No.5352/2019) is taken on Board.
2. In the writ petitions filed under Article 32 of the Constitution of India, with respect to the examination of Civil Judge (Junior Division) the candidates are aggrieved by action that has been taken to call 10% of the candidates who have appeared in the preliminary examination would qualify for the final examination.
3. Their main submission is that as per the decision of this Court in Malik Mazhar Sultan (3) and Another v. Uttar Pradesh Public Service Commission and Others, (2008) 17 SCC 703, vacancies have to be filled up by holding preliminary examination and then final written examination followed by viva voce. As per the directions issued by this Court, for the purposes of Civil Judge (Junior Division) by direct recruitment, declaration of the result of the preliminary written examination for calling candidates for final written examination has to be in the ratio of 1:10 of the available vacancies to the successful candidates.
4. Rule 5A of The Bihar Civil Service (Judicial Branch) (Recruitment) Rules,
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