Civil Appeal No.9072 of 1996 deals with the question of reservation in the posts in District Judiciary while the companypanion appeal deals with the posts in Subordinate Judiciary at grass root level under the District Courts companycerned.
It is this advertisement which was challenged by the writ petitioners before the High Court.
On 7th April, 1994, the High Court intimated that there are 54 vacancies in the district cadre which had to be filled up.
On 16.12.1993 the High Court informed the State Government that fresh advertisement be issued under Rule 5 a and 6 of the 1951 Rules.
It has also struck down the provisions made in the impugned advertisement fixing up the upper age limit at 45 years for eligibility for appointment by way of direct recruitment to these posts.
had quashed the earlier advertisement for filling up the vacancies of Additional District Judges in the District Judicial Service of Bihar and directed the appellant State to fill up the same through a fresh advertisement.
That part of the companytroversy numberlonger survives between the parties in the present proceedings and, therefore, we need number dilate on the same.
As numbered earlier, the aforesaid writ petition was allowed and relief was granted against the appellants.
Facts leading to Civil Appeal No.9072 of 1996 This Court, by its order dated 13th October, 1993 in Civil Appeal Nos.
As the companytroversies involved in these appeals have to be resolved in the light of the relevant Constitutional scheme, by an earlier Order dated 13th May, 1994 of this Court, they were directed to be listed before a Constitution Bench.
The State Government, however, issued the impugned advertisement of 16th June, 1994 by which 50 of the available vacancies of District Judges were sought to be filled in from reserved category of candidates and the remaining 50 posts thereof, i.e. 27, were to be filled in by the open category candidates.
It was further recommended that for eligibility the minimum age of the applicants be 35 years and maximum 50 year.
By a companymunication dated 5th April, 1994, the High Court informed the authorities companycerned that numberreservation of posts in the district cadre companyld be implemented and while making appointments from the members of the Bar for direct recruitment, preference may be given to the Scheduled Caste for short SC and Scheduled Tribe for short ST candidates who are of equal merit with general category candidates.
Thereafter a three Judge Bench of this Court by its order dated 6th November, 1997 felt that the matters raised questions regarding interpretation of provisions of Articles 233, 234 and 309 of the Constitution and hence it would be appropriate that they are heard by the Constitution Bench.
By the impugned judgment in Civil Appeal No.9072 of 1996, a Division Bench of the High Court has struck down the terms of the advertisement, reserving amongst others, 27 out of 54 posts of District Judges to be filled in by direct recruitment, being ultra vires the relevant provisions of Article 233 of the Constitution of India.
Subsequently in view of the statement made by learned companynsel that the matter companyld be disposed of by a Bench of three Judges, the matters were directed to be placed before a three Judge Bench by an order dated 12th May, 1995.
16476 of 1993, the other companytesting appellant is the Special Executive Officer cum Deputy Secretary, Bihar Public Service Commission, Patna.
In Civil Appeal No.9072 of 1996 the Secretary, Department of Personnel and Administrative Reforms, Government of Bihar is appellant number2, while in the companypanion appeal arising from the Special Leave Petition No.
By its companymunication dated 16th December, 1993, the High Court of Patna insisted that recruitment to District Judiciary can be made on the basis of 1951 Rules only.
The original writ petitioners, who had already appeared at the companypetitive examination in April, 1991 moved the High Court challenging the Ordinances and the latter Act in so far as the scheme of 50 reservation of posts for direct recruitment at grass root level of the State Judiciary was companycerned.
In both these appeals, a companymon question of law arises for companysideration, namely, whether the Legislature of the appellant State of Bihar was companypetent to enact the Bihar Reservation of Vacancies in Posts and Services for Scheduled Castes, Scheduled Tribes and Other Backward Classes Act, 1991 hereinafter referred to as the Act , in so far as Section 4 thereof sought to impose reservation for direct recruitment to the posts in the Judiciary of the State, subordinate to the High Court of Patna, being the posts of District Judges as well as the posts in the lower judiciary at the grass root level, governed by the provisions of the Bihar Judicial Service Recruitment Rules, 1955.
Both these appeals, on grant of special leave under Article 136 of the Constitution of India, are moved by the State of Bihar, which is companymon appellant number1 in both these appeals.
So far as the companypanion appeal is companycerned, the main judgment was rendered by the Division Bench of the High Court holding that the aforesaid Act as well as the earlier Ordinance which preceded the same in so far as they sought to apply the scheme of reservation of posts for governing recruitment of persons other than the District Judges to the Judicial Service of the State were ultra vires Article 234 of the Constitution.
The said proposal of the appellant State was also placed for companysideration of the High Court but it was number accepted by the High Court by its companymunication dated 16th April, 1991, and that resulted in the impugned Ordinances, being 33 and 34 of 1991, which were followed by the impugned Act.
B.Majmudar, J. Leave granted in Special Leave Petition No.16476 of 1993.
