N.P. SINGH, J.

1. These applications have been filed on behalf of the petitioners for a writ of mandamus directing the respondent–State to consider them for appointment to the posts of Munsifs in the Bihar Civil Service (Judicial Branch). Petitioners of writ applications, C.W.J.C. No. 1617 of 1983 and C.W.J.C. 1955 of 1983 had appeared at the 18th Competitive Examination whereas the petitioners of C.W.J C. No. 1868 of 1983 and C.W.J.C. No. 2207 of 1983 had appeared at the 19th Competitive Examination, for recruitment to the Bihar Civil Service (Judicial Branch).

2. On 8.8.1978 the Bihar Public Service Commission (hereinafter to be referred to as 'the Commission') advertised 23 posts of Munsif and invited applications for the same. A copy of the advertisement is Annexure–1 to C.W.J.C. No. 1855 of 1983. On 12.10.1979 the Commission recommended names of 14 applicants. There was no recommendation in respect of 9 posts. In October, 1979 again an advertisement was issued for the 19th Competitive Examination and it was notified that 83 posts were to be filed on basis of the said examination. In September, 1979, 56 more posts of Munsifs had been created. On 29.11.1979 the State Government consulted the High Court as to whether the aforesaid 56 posts can be filled from amongst the persons who had appeared at the 18th Examination. On 21.12.1979, the High Court communicated its opinion that it had no objection if 56 posts were filled up out of the candidates who had been successful at the 18th Examination. In December, 1979, the 19th Examination was held. On 13.4.1980, at a meeting of the Monitoring Cell it was decided that 56 posts should be filed out of the candidates who had appeared at the 18th Examination in consultation of the High Court. On 20.9.1980 High Court reiterated that it had no objection if 56 posts are filled up out of the successful candidates of the 18th Examination. On 29.11.1980 the State Government requested the Commission to recommend more names out of the list of successful candidates at the 18 the Examination for filling up the 56 posts aforesaid. A copy of the said letter is Annexure–2 to C.W.J.C. No. 1855 of 1983. On 9.12.1980 the Commission refused to recommend any further names. A copy of that letter is annexure–F to the counter affidavit filed on behalf of the Commission. On 5.1.1981, the State Government again asked the Commission to send more names out of the 18th Examination. A copy of that letter is Annexure–3 to C.W.J.C. No. 1855 of 1983. A similar letter was written by the State Government to the Commission on 4.5.1981 (annexure–), ultimately, on 1.6.1981 the commission forwarded to the State Government names or 32 candidates who had appeared at the 18th Examination. While forwarding the names of 32 candidates it was clearly stated that it should not be taken as recommendation of the Commission. A copy of the said letter is Annexure–G to the counter–affidavit filed on behalf of the Commission. On 12.9.1981 the Commission recommended the names of 98 candidates on basis of the 19th Examination. It may be mentioned that out of the aforesaid 32 candidates left out from the 18th Examination. 18 competed at the 19th Examination and their names were included in the recommendation aforesaid. As such now 14 candidates remained out of the 18th Examination. It may also be mentioned that much before the recommendation by the Commission 139 posts of Munsifs, including 56 posts aforesaid, were available to be filled up and the State Government had intimated the Commission in respect of the said vacancies. Before any appointment of the candidates who had been recommended, on basis of the 19th Examination could be made, the Commission invited applications for the 20th Competitive Examination. The 20th Examination was held in November, 1981.

3. On 16.9.1982, 83 persons were appointed by the State Government on basis of recommendation in respect of the 19th Examination (Annexure–8 to C.W.J.C. No. 1868 of 1983). On