RANJIT KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition on behalf of the sole petitioner has been filed on 21st December 1995 seeking direction to the respondents for his appointment to the Post of Munsif in the Bihar Civil Service (Judicial Branch) on the basis of 24th Judicial Service Examination against posts which have remained vacant on account of non-joining of the candidates.

(2.) The facts of the case, which are not in dispute, are as follows : On 11th September 1989 the High Court informed the State Government that there were six tentative vacancies in the post of Munsifs. Pursuant to the requisition by the Government the Bihar Public Service Commission (B.P.S.C.) invited applications for the 24th Judicial Service Examination on 3rd September 1990. Later, by two communications dated 6th January 1991 and 7th March 1991 the High Court informed the State Government that the number of vacancies was 245. On 1st October, 1991 the State Government sent fresh requisition to B.P.S.C. On 7th October, 1991 fresh advertisement was published with respect to 245 posts of Munsif. The examination was held in course of time and on 18th April, 1994 the result was published. The viva voce of the successful candidates was held on different dates upto 9th May, 1994. In the meantime, controversy arose as to reservation of posts for the candidates belonging to certain categories other than Scheduled Castes and Scheduled Tribes. In view of the provisions of the Bihar Reservation of Vacancies in Posts and Services (For Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1991. (It may be stated here that the Bihar Civil Services (Judicial Branch) Recruitment Rules, 1955 provides for reservation for the members of the Scheduled Castes/Tribes only). A writ petition (C.W.J.C. No. 7619 of 1991) was filed by Deepak Kumar Singh challenging the aforesaid reservation in favour of the other Backward Classes. A Division Bench of this Court held by judgment dated 6th August, 1993 that the provisions of the said Reservation Act are not applicable. The Judgment is reported in 1993 (2) PLJR 385. The State of Bihar moved the Supreme Court in S.L.P. (Civil) No. 16476 of 1993. The S.L.P. is still pending. However, by order dated 16th November, 1995 the Supreme Court passed an interim order to the effect that if the selection process was over the selection belonging to the general category may be appointed, subject to the result of the S.L.P. and further subject to the seniority that may be required to be adjusted if reservation is upheld. In the meantime, a writ petition had also been filed in this Court being CWJ.C No. 3866 of 1994 seeking direction for appointment of the successful candidates. After the Supreme Court passed the abovesaid order, this Court vide its order dated 27th November, 1995 directed the respondents to issue notification to fill up 123 posts of Mun- sifs (being 50% of the total number of posts for which examination had been held) in the general category on the basis of the recommendation of the B.P.S.C. It may be stated here that although the examination was held for 245 posts, 196 candidates only were recommended by B.P.S.C. In the light of the said two orders of the Supreme Court and this Court a notification in respect of 123 candidates of general category was issued on 30th November,

(3.) In the writ petition the number of posts remaining vacant as a result of non-joining of the selected candidates, was said to be 41. In the reply affidavit the number of such vacancies was mentioned as 28. In the affidavit filed on behalf of the High Court on 26th March, 1997 it has been stated that there are vacancies in the general category on account of non-joining of candidates.