Rajiv Roy, J. – Heard the parties.

2. The present writ petition has been preferred for the issuance of a writ of certiorari: –

(i) for quashing of the memo no. 43918- 43921 dated 28th September, 2021 (Annexure-1) issued by the Registrar General, Patna High Court, Patna (Respondent No.2), whereby and where under the Principal Secretary, General Administration Department, Govt. of Bihar, has been requested to get the necessary notification issued for giving effect to the resolution of the Hon'ble High Court, Patna, for terminating the probation of the petitioner and discharging her from the service of Bihar Subordinate Judicial Service, with immediate effect.

(ii) for quashing of the notification issued by the General Administration Department, Govt. of Bihar, as contained in memo no. 13247 dated 05.11.2021 (Annexure 2) whereby and whereunder the petitioner has been discharged from the service of Bihar Subordinate Judicial Service, as Judicial Magistrate, 1st Class (Probationer).

(iii) further, for the issuance of writ of mandamus commanding the Respondents concerned to reinstate the petitioner in her services as Judicial Magistrate, 1st Class, with all consequential benefits.

(iv) for directing the respondents concerned to confirm the services of the petitioner in the Bihar Subordinate Judicial Service.

3. The matrix of facts giving rise to the present writ petition is/are as follows: –

4. The petitioner was a successful candidate for the 27th Bihar Subordinate Judicial Service (Civil) examination. Accordingly, she was appointed as Civil Judge (Probationer), (Junior Division) vide notification/memo no. 18591 dated 06.12.2013 issued by the General Administration Department, Govt. of Bihar, Patna (henceforth for short ‘the GAD’) (Annexure-3 to the petition).

5. Pursuant to the said notification, the petitioner submitted her joining/ assumed the charge of Civil Judge (Junior Division) at Civil Court, Patna vide Charge Report dated 07th of March 2014.

6. Further, after completion of her training under the District & Sessions Judge, Patna, the petitioner was conferred the powers of the Judicial Magistrate, IInd Class vide notification/memo no. 5004-12 dated 26.05.2015 issued by the Hon'ble Patna High Court. Later, effective 23.02.2016, she assumed the charge of Judicial Magistrate, 1st Class at Civil Court, Patna.

7. The further case of the petitioner is that Rule 24 of the Bihar Civil Service (Judicial Branch) (Recruitment) Rules 1955, (henceforth for short ‘the 1955 Rules’) envisage conditions for confirmation as Civil Judge (Junior Division) and read as follows: –

(i) completion of two years of service from the date of first appointment;

(ii) passing of such test as may be prescribed by the High Court;

(iii) recommended by the High Court for such confirmation.

8. According to the writ petitioner, in the year 2020, she successfully passed the Departmental examination held on 12.12.2020 and 13.12.2020. Earlier, the process of Departmental examinations was stayed by the Patna High Court between the year 2017 to 2019.

9. The contention put forward is that so far as her work performance is concerned, for the part of the year 2016 and thereafter from 2018 onwards, it was mostly found to be outstanding. However, as from the end of the year 2016 to early 2018, she remained on different sanctioned leaves, totalling 800 days, the record of said period including the year 2017 is/are not available.

10. The further case is that from part of the year 2020 to first two quarters of 2021, her work performance was again found to be outstanding. However, for one quarter in the year 2019, it was found to be poor.

11. The petitioner claimed that if the period of leave is discounted, her overall performance/output was at par with several other Officers whose services were confirmed by the Patna High Court.

12. Her agony started when in the month of August, 2019, the Registrar General, Patna High Court, vide office letter no. 70979 dated 30th August, 2019 put the pet