S.N.Jha, J.

1. As same point is involved in these two writ petitions, they have been heard together and are disposed of by this common order. The dispute relates to filling of the vacancies meant for the Scheduled Tribes in the Bihar Subordinate Judicial Service. C.W.J.C. No. 8655/2000 relates to 24th Judicial Service Examination while C.W.J.C. No. 11341/2000 relates to the 25th Examination. In the former, the petitioners seek quashing of the decision of the State Government to keep the vacancies in question reserved for three years in terms of Sub-sec. 6(a) of Sec. 4 of the Bihar Reservation of Vacancies in Posts and Services (For Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1992 (Act 3 of 1992)(in short Reservation Act"). The said decision of the Government is contained in para 2 of letter No. 6749 dated 18.8.2000 of the Deputy Secretary, Personnel and Administrative Reforms Department. In the other case, i.e., C.W.J.C. No. 11341/2000, the petitioner seeks quashing of the decision of the Bihar Public Service Commission (in short the Commission) to keep the unfilled posts in the Scheduled Tribes category vacant on account of non-availability of eligible candidates. In both the cases, the petitioner seek consequential direction to fill the vacancies as per the procedure laid down in Rule 20 of the Bihar Civil Service (Judicial Branch) Recruitment Rules, 1955 (in short the Recruitment Rules), and to consider them for appointment against those vacancies.

2. There is no dispute about the factual aspects of the case. The salient facts may be noted from C.W.J.C. No. 8655/2000 as under. In 1990, advertisement was issued by the Commission inviting applications for the 24th Judicial Service Examination for appointment in the Bihar Judicial Service. The petitioners, who are practising advocates in this Court, submitted applications. The written examination was held in April 1991. The result thereof was published on 18.4.94. In the meantime, the Ordinance was promulgated in 1991 providing for reservation in posts and services for other backward classes, besides scheduled castes and scheduled tribes, which was later replaced by the Reservation Act in 1992. The applicability of the said Ordinance/Act in vis-a-vis the subordinate judicial service was challenged in this Court in C.W.J.C. No. 7619/91. The writ petition was allowed on 6.8.93. It was held that the Reservation Ordinance/Act does not apply to recruitment in the Judicial Service and the same was ultra vires Article 234 of the Constitution/The State of Bihar preferred SLP (Civil) No. 16476/93 in the Supreme Court. During pendency of the SLP, as mentioned above, result of the written examination was published on 18.4.94. Thereafter, interview of the successful candidates was held and the final result was published on 14.5.94. However, ho appointment was made pursuant to the interim order passed by the Supreme Court a day earlier on 13.5.94. The said interim order was latter modified on 16.11.95. The Court clarified that if selection process is over, the selectees may be appointed subject to the result of the SLP and further subject to the seniority that may be required to be adjusted if reservation is upheld and the candidates in the reserved slots are selected any time hereinafter and become entitled for appointment. The SLP, however, was eventually dismissed on 14.3.2000 along with Civil Appeal No. 9072 of 1996 preferred by the State against another decision of this Court relating to appointment in the Bihar Superior Judicial Service. The Supreme Court held that Sec. 4 of the Reservation Act does not apply to recruitment in the Bihar Subordinate Judicial Service or Bihar Superior Judicial Service, which are governed by the statutory rules framed under Article 234 of the Constitution namely Bihar Civil Services (Judicial Branch)(Recruitment) Rules, 1955 and Bihar Superior Judicial Service Rules, 1951, respectively. The said judgment entitled State of