1. The State of Jharkhand came into existence on 15th November, 2000 and after the creation of State of Jharkhand, cadre of Judicial Officers of the State of Bihar was provisionally bifurcated which led to acute shortage of Judicial Officers in the State of Jharkhand. Since there was dire urgent need of filling up the vacancies of the Jharkhand Judicial Service, the Governor of Jharkhand in consultation with the High Court of Jharkhand framed provisional/temporary rule namely, Jharkhand Judicial Service (Recruitment) Rules, 2001 so as to select/recruit and appoint members of Jharkhand Judicial Services. Under the said rule the process of recruitment of Judicial Officers was undertaken by the High Court. Accordingly selection process was set in motion and list of the selected candidates was sent to the Government for issuing appointment letters. The Government of Jharkhand instead of issuing notification/appointment letters raised certain objections with regard to the reservation and sat tight over the matter. This led to filing of the instant public interest litigation seeking a direction upon the Government of Jharkhand to forthwith fill up to the post of Munsifs and Judicial Magistrates.

2. This Court in terms of order dated 19.4.2000 directed the State of Jharkhand to immediately appoint the selected candidates so recommended by the High Court which shall be subject to the result of the writ petition. The Government being dissatisfied with the order, moved the Supreme Court in special leave petition being SLP No. 1003 of 2002. It is only after the SLP was dismissed by the Supreme Court with a direction to make appointment expeditiously some of the posts of Munsifs were filled up.

3. The Jharkhand Public Service Commission was constituted by the Government about one and half years after the creation of the State. Since the provisional/ temporary rule so framed by the Governor of Jharkhand in consultation with the High Court of Jharkhand ceased to have effect after the constitution of the Jharkhand Public Service Commission, the draft rule was placed before the Government for its final approval. It is worth to mention here that in the said draft rule as per the temporary rule provision was made that recruitment process shall be undertaken by the High Court. When the draft rule was not being finalized by the Government, the petitioner moved the instant interlocutory application on 7.10.2002 for a direction to the Government to immediately approve the said draft Rule.

4. The Court took up the interlocutory application on 10.10.2002 and taking notice of the fact that large number of vacancies in the Jharkhand Judicial Service are lying vacant which has direct impact on the functioning of the judicial system, directed the Government to take immediate steps in the matter of finalization of Recruitment Rules.

5. It appears that in compliance of the aforesaid direction the Secretary, Personnel and Administrative Reforms, after consultation with the Commission in terms of the provisions of Article 234 of the Constitution, made certain queries. The queries made by the respondents were regarding fixation of qualifying marks in viva-voce test and on the reservation policy including carry forward vacancies of the reserved categories. It is worth to mention here that no objection was raised to the provision made in the draft rules whereby the power of recruitment was given to the High Court. In the affidavit filed by the Government it was stated that no sooner the reply of the High Court on those queries is received, the Rule shall be finalized by the Government. The High Court, thereafter, in their affidavit, stated that the High Court communicated its view to the Government that the High Court has no objection with regard to introducing a provision for special recruitment of scheduled caste and scheduled tribes and inclusion of other backward classes in the definition clause. Taking into consideration the affidavit filed by the Governm