In other words, they sought a direction that l/3rd or the existing vacancies of the quota of direct recruits should be filled up from the said existing panel prepared by the High Court, the validity of which panel would expire after November, 1991.
On 5.2.91 the selected candidates were asked to appear for medical test.
On the basis of the marks secured in the written test as well as in the viva voce test, 32 candidates out of 129 candidates were selected against the existing vacancies and the High Court recommended the names of 32 candidates in order of merit with necessary particulars for their appointment as Additional District Sessions Judges in the quota of direct recruits in the Bihar Superior Judicial Service.
33 since one more vacancy had occurred due to the retirement of one of the officers.
Quite a number of applications were received and as envisaged in the numberification, a written test was held on 9.9.90.
As any as 129 candidates who were successful in the written test, were called for viva voce test which was held in November, 1990.
It was also companytended that until the expiry of the said merit list which was valid till November, 1991, numberfresh advertisement for any such vacancies should be made.
As against the said judgment, the present appeals are filed by the State of Bihar.
Three of the candidates from out of the merit list of 129 candidates, who were number selected, filed two writ petitions in the High Court seeking a writ of mandamus directing the Government to fill up l/3rd vacancies of the sanctioned strength of the service by direct recruitment from amongst candidates in the merit list prepared by the High Court on the basis of written test and viva voce test held.
On 24.11.90, the Full Court of the Patna High Court passed a resolution deciding that any further vacancy in the quota of the direct recruits from the Bar within the period of one year would be filled upon from the merit list prepared by the High Court.
The companycerned Joint Secretary of the Government wrote on 17.7.91 to the Registrar informing him that the Government has decided to advertise the vacancies afresh because the vacancies of earlier year had exhausted.
The High Court again by letters dated 4.3.91 and 3.6.91 also requested the Government to appoint the candidate at Serial No.
The Government of Bihar issued an advertisement on 29.9.1989 which was published in the newspapers inviting applications for appointment to the posts of Additional District Sessions Judges.
Jayachandra Reddy, J. The State of Bihar, questioning the judgment of the High Court in respect of selection of Additional District Sessions Judges, had filed these appeals.
