S.SHAMSUL HASAN, J.

1. The failure of the Governor thus the State Government and the High Court, on the administrative side, to observe the constitutional mandate, spelt out in Art.233 of the Constitution, has prompted the petitioner to invoke the jurisdiction of this Court under Art.226 of the Constitution on its judicial side.

2. Under the Constitution, a specified number of persons are to be appointed to the cadre of Additional District Judges/District Judges in a State. The strength of the cadre in Bihar has been fixed by the Bihar Superior Judicial Service Rules, 1946 (hereinafter referred to as the Rules) enacted by Notification No. 20-1-5/50-A-7309 dated the 31st July, 1951, with retrospective commencement from the 21st of October, 1946. Accoridng to R.6 of the Rules, of the post in the cadre of the service, two-third shall be filled up by promotion and one-third by direct recruitment from amongst the Advocates being an Advocate for not less than seven years. The justifiability of this rule will be adverted to later on.

3. The situation that provoked the filing of this application was that since 1979, when the last appointments were made from amongst the Advocates, t