N. Pandey, J.

These two writ applications under Articles 226 and 227 of the Constitution of India have been heard together, therefore, for the sake of convenience, they are being disposed of by a common judgment.

2. The petitioners have confined their prayer for a direction to the respondents to appoint them to the post of Excise Sub• Inspectors against the declared vacancies, advertised on 9th of December, 1987, through the Bihar Public Service Commission (hereinafter to be referred as 'the Commission').

3. In order to appreciate controversies, it would be appropriate to have a brief survey of some of the facts. The Commission in the year, 1980, issued an advertisement for a competitive examination for direct recruitment of non-gazetted posts. The number of the posts of Excise Sub-Inspectors, specially advertised, were 127. Thereafter, the competitive examination was held, but before the publication of result, the State Government decided to curtail certain schemes and therefore, the Commission was requested to send recommendation for direct recruitment against 45 posts of Excise Sub-Inspectors only. It appears from the letters, contained in Annexures-A and B to the State's c