S.N.Jha, J.

1. The dispute in these four writ petitions, which have been heard together, relates to appointment of Biology Teachers in the Secondary Schools in the State of Bihar. The facts giving rise to the dispute are as follows.

2. Advt. No. 1/88 was issued by the Vidyalaya Sewa Board, Bihar (in short the Board), inviting applications for appointment of Assistant Teachers in as many as 12 subjects including Biology pursuant to the requisition by the Director, Secondary Education dated 9.3.88. The number of vacancies in the Biological subject, with which (sicwe ?) are concerned in these cases, was mentioned as 400. On 15.2.90 a panel of 395 successful candidates was sent by the Board after interview etc. On 20.2.91 the Director informed the Board that the panel had been cancelled on the ground of irregularities.

The Board was directed to send fresh panel. Those who had already applied pursuant to the earlier advertisement were not required to apply again. Further, those who had become age barred were to be treated as eligible. It is relevant to state here that the panels for other subjects prepared pursuant to several advertisements, mentioned in the said communication dated 20.2.91, were also cancelled; so far as Advt. No. 1/88 is concerned, the pane! for Biology subject alone was cancelled. On 29.4.95 fresh advertisement was issued in continuation of Advt. No. 1/88. Two deviations however were made from the directives contained in the communication dated 20.2.91the intending candidates were asked to apply afresh without paying any examination fee in the form of postal order, and secondly, untrained candidates were also permitted to apply contrary to the earlier advertisement as per which only trained candidates were eligible to apply. It is relevant to mention here that while petitioners of CWJC No. 9259/2000 applied pursuant to the earlier advertisement i.e. Advt. No. 1/88, the petitioners of other three writ petitions applied pursuant to the fresh advertisement dated 29.4.95. After interview etc. which took place between 19.12.97 and June 1998, the Board sent panel of successful candidates on 7.10.98. The grievance of the petitioners is that despite passage of two years time no appointment has been made from the panel.

3. The case of the State of Bihar is that on 4.11.93 the Board had been asked not to send panel as vacancies had to be identified as per the new reservation policy and roster clearance had to be obtained. In defiance of the Government order, the Board sent panel of 1056 candidates on 7.10.98. On 2.11.98 the panel was returned to the Board with a direction to make suitable modifications. The Board however re-sent the same panel without doing anything of the kind. The further case of the State is that the backlog of 564 vacancies for the candidates of reserved category as per the new reservation policy have been identified as against which only 534 vacancies have been reported by the field officers. Out of the reported 534 vacancies 30% are to be kept apart for the teachers of primary/middle schools and clerks of the nationalised Secondary Schools. There being thus no vacancy, the Court should refrain from issuing direction for the appointment of the petitioners. The further case of the State is that the matter relating to appointment of Biology teachers from the impugned panel was examined by a high level committee consisting of Secretary, Law Department, Secretary, Personnel & Administrative Reforms Department and Secretary, Secondary, Primary & Adult Education Department, and thereafter the file has been sent to the Chief Minister. No final decision having been taken in the matter the writ petitions are premature,

4. The Board has challenged the stand of the State to the effect that the panel was sent by it in defiance of the Government order. It has been stated that the Government order contained in letter dated 4.11.93 (supra) related to subjects Physics, Chemistry, Mathematics, Biology, Econom