RAJESH KUMAR JHA Vs. BIHAR PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) THE two writ petitioners had originally filed this writ petition in the year 1994 for quashing the result of 24th Judicial Service Competitive Examination published in a daily newspaper on 14.5.1994. The petitioners had further prayed for a direction to the Bihar Public Service Commission (hereinafter to be referred to as the Commission) to prepare a fresh result of successful candidates without taking into account the reservation provisions for backward classes and for this it be declared that the reservation policy of the State for backward classes is not applicable to judicial services. The last prayer was to direct the Commission to recommend necessary number of candidates so that the entire vacancies of Judicial Officers occurring till the last date of interview be filled up.

(2.) THE connected records show that at least three writ petitions filed in this Court challenging the application of reservation policy of the State of Bihar for backward classes to judicial services have been disposed of on 28.8.2000 (CWJC Nos. 6207 and 8263 of 1994 and CWJC No. 3539 of 1995). In this case also the order dated 25.9.2000 indicates that in view of controversy regarding reservation in favour of classes other than scheduled caste and scheduled tribe being finally decided by the Supreme Court in State of Bihar V/s. Bal Mukund Sah & Ors., (AIR 2000 SC 1296) [: 2000(2) PLJR (SC)83], the petitioners had nothing to submit on any aspect relating to reservation but only on the question of vacancies as may be available as per affidavits of the State Government or of the High Court.

(3.) MR . Abhay Kumar Singh, learned senior advocate appearing for the petitioners fairly submitted at the outset that the only issue remaining to be decided is whether further vacancies occurring till the date of interview should also be filled up from amongst eligible and successful candidates of 24th Judicial Service Competitive Examination or the declared vacancies, 245 in number, were only required to be filled up as per law.