Commission not made defunct.

Nainar Sundaram, J.:

These writ petitions are by the non-selectees with regard to of District Munsif, hereinafter called the posts, the selection in respect, of which was May-June, 1988. The non-selectees in the case of W.P.Nos.7480, 7518, 7993, 8166, and 8708 of 1988 are the members of the Bar. The non-selectees in the W.P.Nos.8834 of 1988 and 162 of 1989 are service candidates. The quota for the Bar out of 128 vacancies; the balance 58 vacancies having had been required to be filled recruitment by transfer from amongst service candidates.

2. The grounds of attack or in other words, the grounds of grievance over the non are being expressed in the following manner: Firstly, it is contended that during the interview or oral examination, held for the selection for the posts, the Chairman of Nadu Public Service Commission, hereinafter referred to as the Commission, was not at all, he having gone on leave and on account of the absence of the Chairman Commission, the selection process gone through oral examination, was incompetent stood vitiated. There is a controversy with reference to the actual period during Chairman of the Commission went on leave. But, that aspect is not of much consequence, once the principle is settled over the same. To appreciate the submissions made learned counsel for the non-selectees, we are obliged to refer to the concerned Articles Constitution of India as well as the Rules and Regulations that could be relevantly looked on this question.

3. Art.315 speaks about the Public Service Com-mission for each State. Art.316 about the appointment of the Chairman and other Members of the Public Service Commission of a State. Art.316(1A), which is being very much relied on by the learned counsel non-selectees, reads as follows:

“ (1-A) If the office of the Chairman of the Commission becomes vacant or if Chairman is by reason of absence or for any other reasons unable to perform the his office, those duties shall, until some person appointed under Clause (1) to the office has entered on the duties thereof or, as the case may be, until the Chairman resumed his duties, be performed by such one of the President, in the case of the Commission or a Joint Commission, and the Governor of the State in the case of Commission, may appoint for the purpose.” Art.318 contemplates making of regulations determining the number of Members Commission, number of members of the staff of the Commission and their condition service. Art.320(1) days down that it shall be the duty of the Commission to conduct examinations for appointment to the services of the Art 320(3) speaks about consultation with the Commission on specified matters. specifically speaks about appointments of persons other than District judges to the Service of a State. Since this Article will have reference to the posts, it needs extraction follows:

“Appointments of persons other than district judges to the judicial service of a State made by the Governor of the State in accordance with rules made by him in that behalf consultation with the State Public Service Commission and with the High Court jurisdiction in relation to such State. ”

There are special rules made pursuant to this Article, and they bear the nomenclature Tamil Nadu State Judicial Service Rules, and they shall hereinafter be referred to Special Rules. Rule 5 of the Special Rules is relevant, since it relates to the posts, reads as follows:

“5. Preparation of approved list of candidates: The Tamil Nadu Public Service Commission, after holding such examinations, if any, as the Governor may think necessary shall, time to time, out of the candidates for appointment to posts of District Munsifs in the make a list or lists of the persons considered fit for appointment thereto in accordance the rules and regulations as may, from time to time, be made by him.”

Rule 5 of the Special Rules; as we could see from the above extract, calls upon Commission to hold examinations and make a list or lists of