RADHA KRISHNA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appointment of respondent Nos. 5 to 88 (hereinafter referred to as 'the respondents') as Munsif in the Bihar Judicial Service has been challenged on behalf of the petitioners on the ground that they did not fulfill the criteria laid down by the Bihar Judicial Service (Recruitment) Rules, 1955 (hereinafter referred to as 'the Rules').

(2.) The respondents have been appointed by the State Government by a notification dated 28-10-1986 on the recommendation of the Bihar Public Service Commission (hereinafter referred to as 'the Commission') on the basis of the result of the 21st Judicial Service Competitive Examination. According to the petitioner as the respondents did not produce certificates from the Registrar of the High Court of Judicature at Patna (hereinafter referred to as 'the Patna High Court') or from the District Judges of the districts in the State of Bihar, that they were practitioners at the Bar of at least one year's continuous standing, on the date of advertisement, their applications should not have been entertained by the Commission in view of Rule 6(c) of the Rules. It may be pointed out that there is no dispute that the respondents were not practising either in the Patna High Court or before any Court subordinate thereto. They were practising in Courts which are not subordinate to the Patna High Court and had produced certificates from the Registrar or District Judges of those Courts along with their applications regarding their one year continuous practice.

(3.) The Rules have been framed under Article 234 of the Constitution of India by the Governor of Bihar, after cumulation with the Patna High Court and the Commission. The relevant part of Rule l(b)(iv) is as follows ;-