LexSTATE OF BIHAR AND ANR. versus MADAN MOHAN SINGH AND ORS.
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A B STATE OF BIHAR AND ANR. v. MADAN MOHAN SINGH AND ORS. OCTOBER 13, 1993 [KULDIP SINGH, K. RAMASWAMY AND K. JAYACHANDRA REDDY, JJ) Service Law : C Bihar Superior Judicial Service-Additional District and Sessions Judges-Appointment against direct recruit quota-Advertisement-Selec- tion-Merit List-Advertisement and selection process meant to fill up 32 vacancies-Neither advertisement nor any rule indicating that panel would last for one year-Future vacancies in the direct recruit quota-Filling up from amongst existing panel-l'ennissibility of-Held panel was valid only for the D purpose of filling up 32 vacancies and not for future vacancies-Direction to issue fresh advertisement for subsequent vacancies issued. Pursuant to an advertisement dated 29.9.1989 of the Bihar Govern- ment inviting applications to the posts of Additional District and Sessions E Judges, a written test was conducted on 9.9.1990 in which 129 candidates were declared successful· and they were called for viva voce test. On the basis of the marks obtained in the written te~t and viva voce test, 32 candidates were selected against the existing vacancies and their names were recommended by the High Court for appointment as Additional F District and Sessions· Judges in the quota of direct recruits in the Bihar Superior Judicial Service. However, on 24.11.1990 the Full Court of the Patna· High Court passed a resolution to the effect that if any further vacancy in the quota of the direct recruit was required to be filled up within a period of one year from the date of resolution the same would be filled up by recommending the candidates in order of merit from amongst the G remaining candidates in the merit list. On 17.7.1991, the Government decided to advertise the vacancies afresh as the vacancies of the earlier year bad exhausted. Some of the unsuccessful candidates, out of the merit list of 129 candidates, filed petitions in the High Court seeking a direction that l/3rd H of the existing vacancies of the quota of direct recruits should be filled up 242 STATE v. MADAN MOHAN 243 from the existing panel. The High Court concluded that since 1979 no A appointments were made from the Bar and that taking temporary posts also into consideration the strength of the cadre as on that day was 251 and therefore 1/3rd of the same should be filled up from direct recruit- ment. Further taking into account the resolution dated 24.11.1990 the High Court allowed the petitions holding that the panel was to remain valid till B November, 1991. Accordingly, it directed the State Government to consider the appointment of writ petitioners and others out of the existing panel. State's contention that there was no rule permitting the list to be kept valid for one year and that the selection process was meant to fill up 32 vacancies and that for future vacancies another selection was to take place, was rejected by the High Court holding that the decision of the Government C not to fill up vacancies from amongst the existing panel was arbitrary. In appeals to this Court it was contended on behalf of the appellant- State that (i) from the beginning the advertisement and the selection process were meant only to fill up 32 permanent vacancies by direct recruitment and on that basis 129 candidates were called for interview i.e. D four times the number of vacancies; (ii) after the selection the list of 129 candidates lapsed and the question of filling up the subsequent vacancies from that list does not arise; and (iii)_ the High Court erred in holding that the strength of the direct recruits in the cadre was 83 posts on the erroneous assumption that it included permanent as well as temporary E posts. Allowing the appeals and setting aside the order of the High Court, this Court HELD: 1. There was nothing in the advertisement that a panel would be prepared which will be valid for one year and there was no rule also to that effect. There was only a resolution passed by the High Court to fill up F the vacancies from out of the list of 129 candidates. Further, from a perusal of the record of the High court it is crystal clear that the adver- tisement and the whole selection ,process that ensued were meant only to G fill up 032 vacancies. [248-B-C; 249-E] 2. The temporary vacancies arose subsequently. But even otherwise the particular advertisement and the consequent selection process were meant only to fill up 32 vaca
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