Choudhary S.N.Mishra, J.

1. In this writ application, the petitioners have questioned the legality/validity of the appointments of 234 persons on various posts by respondent No.2, namely, the Speaker of the Bihar Legislative Assembly in between 15.6.1990 and 1.11.1990 and for quashing the Office Order No.l Accounts 15/90-39, Vidhan Sabha, Patna, dated 14.9.1990 by which respondents Nos. 6 to 10 were appointed as Assistants in the Accounts Section of the Bihar Legislative Assembly, Patna, (hereinafter referred to as the Assembly) including the letters of appointment of Respondent Nos. 11 to 17, dated 15.11.1990. Copies of he said orders of appointment are made Annexure-2 series to this writ application.

2. In order to appreciate the controversies and submissions raised on behalf of respective parties, It is necessary to mention some relevant faces and the case of the respective parties on the basis of the pleadings. The petitioners are duly qualified for the posts, which were filled up by respondent No.2 in between the aforesaid period. According to the petitioner Nos. 2, 3 and 4, they could not apply for the post of Assistant, Typist, Routine Clerk, Peon etc. in the Bihar Vidhan Sabha nor applications were invited from the prospective candidates through any Employment Exchange. Respondent Nos. 6 to 17 were appointed on 14.9.1990 and 15.9.1990 and he appointment letters were issued accordingly, as per Annexure-2 series, as stated above. That apart, 234 persons were appointed on various posts of Assistant, Typist Hindi Research Assistant, Personal Assistant, Hindi Experts, Security Guard, Darwan, Daftary, Peon and Sweeper, by the Speaker in between the period from 15.6.90 to 1.11.1990 through different appointment letters. All he aforesaid 234 persons including respondent Nos. 6 to 17 were appointment without any advertisement and/or without having held any competitive test. The minimum academic qualification required for appointment to the post of Assistant in the Assembly is a Bachelors Degree in Arts, Science and Commerce, for the post of Personal Assistant, Bachelors Degree in the same faculties having knowledge of shorthand and typing with the minimum speed of 80 to 120 words per minute and for the post of Typist, Intermediate having knowledge of typing with the minimum speed of 30 words per minute and for Routine Clerk and Peon, Matriculation and Middle pass, respectively, Similarly, the age limit for the aforesaid posts is 18 to 30 years. The petitioners claim to be duly qualified and eligible for appointment to the posts of Assistant, Personal Assistant and Typist. It has also been alleged that out of 234 persons, who have been appointed in the Assembly on different posts, 20 persons are overage and one person is minor and most of the persons are sons, brothers, daughters-in-law, daughters and relations of the Officers and employees of the Assembly and he Members of the Assembly, Lastly, it has been stated that while making such appointments, the Bihar Legislative Council published advertisement in the Daily Newspaper Nav Bharat Times, on 1.11.90; whereas respondents 1 to 5 did not follow the prescribed procedure while making such appointments.

3. A counter-affidavit has been filed on behalf of respondents 2 to 5 wherefrom it appears that they have not denied the aforesaid basic facts alleged by the petitioners in this writ application. What has been alleged, inter alia , is that this writ application is not maintainable in absence of the aforesaid 234 persons, who have not been impleaded as party respondents in this writ application. It is further alleged that Petitioner No.1 was appointed in the Assembly and, as such, he cannot question the validity of such appointments. It is further alleged that the authority has power to condone the age-limit. It is also alleged that all the appointments were made by respondent No.2 after assessing the merit of the respective candidates through the interview. It is also alle