MADAN MOHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two writ applications have been heard together since common questions are involved and they are being dispose of by this judgment.

(2.) The petitioners have praved for issuance of a writ mandamus and/or suitable direction that under the provisions of the Bihar Superior Judicial Service Rules, 1946 (in short "the Rules") one-third vacancies of the sanctioned strength of the Service be filled up by direct recruitment to the posts of Additional District and Sessions Judge from amongst the petitioners in pursuance of the merit list prepared by the High Court on the basis of the written test held on 9th September, 1990, and the viva \oce test held in November, 1990. In other words, one-third existing vacancies of the quota of direct recruits or the Superior Judicial Service be filled up from the existing panel prepared by the High Court on the basis of the merit list dated 24th November, 1990, the validity of which will expire after November, 1991, and, therefore, until the expiry of the said merit list which is valid till November, 1991, no fresh advertisement for any such vacancy of the said posts be made.

(3.) In briefs the facts are that the Government of Bihar in the Department of Personnel and Administrative Reforms issued an advertisement to the posts of Additional District and Sessions Judge (Advocates Group). One of the essential pre-requisites for making an application was that the application should have minimum experience of seven years of practice as an Advocate and that persons, who will not be more than 45 year of age, shall be given preference in that appointment. It is further provided after laying down the details of scale of pay probation, etc., that those applicants who had applied earlier in response to the earlier advartisement should not apply over again.