N. P. Singh, J.

1. The appointment of respondent Nos.5 to 88 (hereinafter referred to as the respondents) as Munsif in the Bihar Judicial Service has been challenged on behalf of the petitioners on the ground that they did not fulfill the criteria laid down by the Bihar Judicial Service (Recruitment) Rules, 1955 (hereinafter referred to as the Rules ).

2. The respondents have been appointed by the State Government by a notification dated 28-10-1986 on the recommendation of the Bihar Public Service commission (hereinafter referred to as the Commission) on the basis of the result of the 21st Judicial Service Competitive Examination. According to the petitioner as the respondents did not produce certificates from the Registrar of the high Court of Judicature at Patna (hereinafter referred to as the Patna High court) or from the District Judges of the districts in the State of Bihar, that they were practitioners at the Bar of at least one years continuous standing, on the date of advertisement, their applications should not have been entertained by the commission in view of Rule 6 (c) of the Rules. It may be pointed out that there is no dispute that the respondents were not practising either in the Patna High court or before any Court subordinate thereto. They were practising in Courts which are not subordinate to the Patna High Court and had produced certificates from the Registrar or District Judges of those Courts along with their applications regarding their one year continuous practice.

3. The Rules have been framed under Article 234 of the Constitution of india by the Governor of Bihar, after cumulation with the Patna High Court and the Commission. The relevant part of Rule l (b) (iv) is as follows ;-

"1. (b) Definition.-In these rules, unless there is anything repugnant in the subject or context- (i) (ii) (iii) (iv) high Court means the High Court of Judicature at Patna. The relevant part of Rule 6 which lays down the criteria for appointment as munsif is as follows :-

"6. A candidate may be of either sex, and must- (a) (b) be a graduate in Law of a University recognised by the governor or a Barister-at-Law or a member of the Faculty of advocates in Scotland, or an Attorney on the rolls of a High court, or possess other educational qualifications which the governor may, after consultation with the High Court and the commissions, decide to be equivalent to those prescribed above ; and (c) be a practitioner at the Bar of at least one years continuous standing on the date of the advertisament. " rule 9 prescribes the documents and certificates which are to be submitted along with the application, the relevant part whereof is as follows :-

"9. With his application a candidate must submit- (i) evidence that he holds one of the educational qualifications referred to in clause (b) of Rule 6 in the form of a certificate from the Registrar of the University in which he took his degree in Law, or a certificate that he is a Barister-at-Law or a member of the Faculty of Advocates in Scotland, or an Attorney on the rolls of a High Court or a certificate that he possesses any other educational qualification which the Governor may have decided under clause (b) of Rule 6 to be equivalent to the above qualifications; (ii) (iii) (iv) (v) (vi) a certificate showing the duration of the candidates practice at the bar and also his suitability for appointment to the service- (a) in. the case of a candidate who has ordinarily practised in the high Court, from the Registrar of that Court, or (b) in the case of a candidate who has ordinarily practised in courts subordinate to the High Court, from the District judge of the district in which he ordinarily practises. "

4. It was urged that on a plain reading, Rule 9 (vi) (a) and (b) require that every candidate along with his application must submit a certificate showing the duration of his practice at the bar and about his suitability for the appointment to the Service either from the Registra