JUDGMENT

A. K. PARICHHA, J. : The above noted three writ petitions are taken up together for final disposal by this common order as the subject matter in all the writ petitions is same and common questions of law and facts are involved in all the cases.

2. The case of petitioners as noted in the writ petitions can be summarized as follows :

On 4th of May, 1992 the District & Sessions Judge, Sambal¬pur, Opp.party No.1 invited applications from the candidates to fill up 2 posts of Junior Clerks and 4 posts of Junior Typists lying vacant in the judgeship and to draw up a waiting list for the posts of Junior Clerks and Junior Typists to be filled up as and when vacancy arises. Out of the advertised posts, two posts of Junior Clerks and two posts of Junior Typists were meant for Scheduled Caste and Scheduled Tribe candidates only. Pursuant to such advertisement, petitioners and many others applied and faced a written test conducted by opp.party No. 1 on 30th April, 1995 in the Civil Court premises, Sambalpur. Some of the candidates including the petitioners who were successful in the written test were called for viva voce test and finally a list of successful candidates in order of merit for the post of Junior Clerks was published wherein the names of petitioners of OJC No. 7058 of 1999 find place at serial Nos.40, 51, 55,60,65, 91 and 106, names of the petitioners of OJC No.2327 of 1999 find place at serial Nos. 99, 41, 34, 56, 44, 37, 68, 35, 95, 109, 62, 96, 69, 58, 57, 76, 107, 63, 39 and 42 and names of petitioners of OJC No.968 of 1999 find pace at serial Nos. 31, 53, 78, 94, 46, 43, 187, 50, 54 and 32 respectively. Out of that merit list, opp.party No.1 appointed 24 Nos. of Junior Clerks on 17.05.1997 and 9 Nos. of Junior Clerks on 13.05.1998 as per Annexures-4 & 5. Since more numbers of person than the number of posts advertised were ap¬pointed by orders under Annexures 4 & 5, the petitioners were hopeful that whenever subsequent vacancy will arise their cases will be considered for appointment and with such hope they went on waiting. When the matter stood thus, opp.party No.1 published an advertisement on 08.02.1999 inviting applications from the interested candidates for filling up the posts of 9 Junior Clerks, 4 Junior Typists and 4 Junior Stenographers putting among other conditions that the age of the candidates should not be below 18 years and more than 32 years as on 26.03.1999. Petition¬ers in each of the writ petitions claim for issue of writ of mandamus or any other appropriate writ directing the learned Dis¬trict & Sessions Judge, Sambalpur to adhere to Rule 5 of the Orissa District and Subordinate Courts’ Ministerial Services (Method of Recruitment and Conditions of Service) Rules, 1969 (in short ‘the Rules’) and also to the 100 point model roaster to issue appointment letters in their favour for the posts of Junior Clerks which are now lying vacant in Sambalpur Judgeship.

3. In the counter filed on behalf of the opposite party No.1, the issue of advertisement dated 04.05.1992 for 2 posts of Junior Clerks and 4 posts of Junior Typists, holding of written and viva-voce test, preparation of the select list in order of merit, issue of appointment for 24 posts and 9 posts of Junior Clerks from the merit list on 17.05.1997 and 13.05.1998 respec¬tively are admitted. It is however submitted that the select list prepared and published on 15.05.1997 by opp.party No.1 was valid for only one year,i.e., up to 14.05.1998, as Rule 6 of Appendix-A of the Rules provides that the District Judge shall appoint candidates against the vacancies that has occurred or may occur during the period of one year from the date of publication of result of the examination. It is also submitted that consider¬ing the vacancies available during the period of one year ap¬pointments were made on 17.05.1997 and 13.05.1998 strictly ac¬cording to 80 point model roaster set by the State Government. It was explained that the appointments for more than t