Nagendra Rai, J.

1. Both the appeals filed by the appelants are directed against the order dated 17.8.1999 passed by a learned Single Judge of this Court in CWJC No. 9138 of 1998 by which the prayer made on behalf of the appellants to fill up 123 posts of Assistant Public Prosecutor (hereinafter referred to as the APP) from the panel prepared by the Bihar Public Service Commission (hereinafter referred to as the Commission) pursuant to Advertisement Nos.1 and 2 of 1996 has been rejected.

2. As the same order has been challenged in both the appeals, they have been heard together and are being disposed of by the common judgment.

3. Appellant No. 1 in both the appeals along with others filed a writ application for a direction to the respondent-State to send requisition to the Commission for sending recommendation for filling up 123 posts of APPs which were lying vacant in the State. During the pendency of the writ application, an intervention application was filed on behalf of the intervenors praying therein that they may be also heard at the time of hearing of the writ application because their interest are the same as that of the writ petitioners and accordingly they were al