SURENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition relates to appointment to the Bihar Judicial Service on the basis of the 25th Judicial Service Examination. The relevant facts are as follows.

(2.) On 18.9.1999 the Bihar Public Service Commission (in short the Commission') issued, advertisement (Advt. No. 18/99) for appointment of 152 Munsifs in the Bihar Judicial Service. Written test was held between 24.1.2000 and 31.1.2000. On 29.6.2000 the result of 352 candidates successful at the written test was published. The viva-voce test was held between 24.7.2000 and 3.8.2000. On 4.8.2000 the final result of 137 successful candidates was published. This comprised of 114 candidates in the general category, 21 in the scheduled caste category and 2 in the scheduled tribe category. It may be mentioned here that 15 vacancies were earmarked for the Scheduled Tribe candidates against which only two candidates could make grade while the case of one candidate was kept pending. Thus 12 vacancies in the Scheduled Tribe category remained on account of non-availability of suitable candidates. Some of the candidates belonging to general category filed CWJC No. 11341/2000. By judgment and order dated 24.1.2001, titled Narayan Das Sharma and Ors. v. State of Bihar, reported in 2001 (2) PLJR 12 : 2001 (1) BLJ 578, this Court directed the Commission to proceed in accordance with the provisions of Rule 20 of the Recruitment Rules i.e. Bihar Civil Service (Judicial Branch) Recruitment Rules, 1955 by preparing supplementary list of the successful and suitable candidates from the merit list prepared under Rule 19 and recommend them to the Government for appointment against the remaining vacancies. Pursuant to the said Judgment on 13.5.2001 the Commission recommended 12 candidates belonging to general category, placed below the 114th candidate of the general category, referred to above. By virtue of the said recommendation the number of recommended candidates increased to 149. Taking into account three pending cases--one in the ST category (referred to above) and two in the general category--152 vacancies advertised thus stood exhausted.

(3.) A significant development had taken place in the meantime. The State of Bihar stood divided under the Bihar Re-organisation Act, 2000 (in short, the Re-organisation Act) with effect from 15.11.2000. This also led to cadre division and also brought about reduction in the number of vacancies. The case of the petitioner and the respondents including the State of Bihar on this regard is one and the same. The case is this. The total sanctioned strength of the Munsif s cadre of the Bihar Judicial Service was 1043 out of which 741 posts were allocated to the State of Bihar while 302 of them were allocated to the State of Jharkhand in the ratio of 71 : 29. However, as against the said total sanc-tioned strength, the working strength in the Munsif s grade was only 727 out of which 517 have been allocated to the State of Bihar and 210 have been allocated to the State of Jharkhand in the ratio of 71 : 29, and thus 224 (741-517) vacancies remained in the State of Bihar. Against said 224 vacancies, 122 candidates were appointed on the basis of 24th Judicial Service Examination and thus 102 vacancies finally remain. It may be recalled that vacancies notified were 152 for which selection had been made.