CHAKRADHARI SHARAN SINGH, J.

This batch of writ applications, made under Article 226 of the Constitution of India, arise out of the Advertisement No. 1/2015, issued by the High Court of Judicature at Patna, inviting applications from eligible Advocates for their direct recruitment in respect of 99 vacancies of the post of District Judge (Entry Level) in the State of Bihar.

2. The main controversy, involved in all the writ applications, is as regards framing of questions and prescribing model answers to such questions for the screening/preliminary test/preliminary test held pursuant to the said Advertisement, some of the questions, according to the petitioners, were incorrect leading to serious discrepancies in the result of test. Based on the said result of the screening/preliminary test, candidates have been permitted to take main (written) examination. The screening/preliminary test was objective type, based on multiple-choice questions of 300 marks. Total number of the questions was 100 each carrying equal marks.

3. Following are the basic facts, which have given rise to the filing of these writ petitions :-

(i) In the light of the Advertisement aforesaid, screening/preliminary test was held on 22.3.2015, wherein the candidates, including the present petitioners, had participated. The appointments are governed by Bihar Superior Judicial Service Rules, 1951 (hereinafter referred to as ‘the Rules’).

(ii) In terms of sub-clause (iii) of clause (c) of Rule 5 of the said Rules, candidates, ten times the number of vacancies for appointment, are required to be called for Main (Written) Examination. In consonance with the said provisions of the Rules, it was specifically prescribed, in the Advertisement, that the High Court shall be calling, for written test, candidates, approximately ten times the number of vacancies for appointment, on the basis of marks obtained in the screening/preliminary test.

(iii) Result of the said screening/preliminary test was declared, on 8.4.2015, fixing 173 marks as the cut-off marks. In all, 1014 candidates were declared successful to participate in the Main (Written) Examination. The number of candidates, thus, called being approximately ten times the number of 99 vacancies. Nearly one month after declaration of the result of the screening/preliminary test, the High Court, on 4.05.2015, published, on the website, model answers for 100 questions asked in the screening/preliminary test.

(iv) Certain representations were filed, thereafter, by some of the aspirants, before the High Court raising a grievance that model answers to the Question Nos. 9, 15, 21, 30, 57, 63, 64, 67, 93, 95 and 99 (total 11 in number) were either incorrect or the questions were so incorrectly framed that it was impossible to have correct and definite answers. These representations were considered. Upon consideration of the said representations, the Selection and Appointment Committee of the High Court decided to delete two questions, i.e. Question Nos. 21 and 93, there being element of uncertainty in the questions and the answers. It was also found that eight model answers were incorrect. The Committee, therefore, decided to re-evaluate the answer-sheets on the basis of revised model answers.

(v) The High Court, thus, came out with a notice, dated 22.5.2015, to the following effect:-

“Considering the objections received from large number of candidates regarding correctness of some of the answers as recorded in the Model Answer uploaded on 04.05.2015, the Model Answers were re12 considered and following corrections were considered necessary in order to avoid penalizing candidates giving right answers and giving undue advantage to persons who wrongly answered. Two questions, being Question Nos. 21 and 93, were deleted as the questions and their answers were uncertain.