1. We have heard counsel for the parties and we have also perused the counter affidavit filed on behalf of the High Court, Respondent No. 3.

2. The real grievance of the Petitioners is that a certain proportion of posts in the cadre of Addl. District and Sessions Judge is 1o be filled up directly from the Bar, while the remaining posts are to be filled up by promotion. Every year vacancies occur in the aforesaid cadre, and if the vacancies that occur are filled up regularly, neither promo-tees nor the direct recruits can have a grievance, because the proportion in which the posts have to be filled up is determined by law. The real grievance arises If the vacancies are not filled up each year and are carried forward to be filled up in later years. Unfortunately after the year 1979 for almost a decade, the vacancies meant for direct recruits were not filled up regularly with the result that a large number of direct recruits were appointed in the year 1991 and thereafter in the year 1997. In the year 1991 as many as 32 direct recruits were appointed while in the year 1997, 54 direct recruits have been appointed. The heart-burning arises on account of the fact that normally the members of the Bar directly appointed are younger in age than the judicial officers who are eligible for promotion to the cadre of Addl. District and Sessions Judge. If large number of direct recruits en block are appointed earlier and consequently become senior to the promo-tees promoted thereafter, the chances of promotion of the promo-tees to the higher post of District and Sessions Judge are reduced, because by the time the senior direct recruits are promoted, most of the promo-tees retire from service. It is submitted before us that as many as 54 direct recruits have been appointed in the year 1997 though the vacancies relate to earlier years. Unfortunately after the year 1979 direct recruits were not being recruited regularly with the result that number of posts to be filled up by direct recruitment accumulated, and they were filled up in one year. If the proportion of posts meant for direct recruits is considered in a sense to be their quota, in the facts and circumstances of the case, we must hold that the quota rule had broken down. To that extent the promo-tees benefited in the earlier years as they were promoted in these years while no direct recruitment took place.

3. However, the High Court has produced before us the proceeding of the meeting of the Full Court held on 30th November, 1996 from which it appears that the Full Court has resolved that every year in the month of December, the number of vacancies in. the quota of Bar be calculated and the State Government be moved to take necessary steps for filling up those vacancies. If the resolution of the Full Court is strictly followed in its letter and spirit, there should be no occasion for the promo-tees to raise such a grievance in future. We therefore impress upon the High Court as well as the State Government the need to strictly adhere to the resolution aforesaid and to take all steps accordingly.

4. Counsel for the Petitioners submitted that the judicial officers who were appointed in the 15th batch as Munsifs, have become eligible for promotion to the posts of Addl. District Sessions Judge. They were initially appointed in the service in the year 1975 and many of them would retire by the year 2002. Though many of them have since been appointed as Addl. District and Sessions Judge, most of them rank junior to the direct recruits. It is, therefore, submitted that so far as the officers of the 15th batch are concerned some preference may be shown in their favour in the matter of promotion to the higher post of District and Sessions Judge. The submission cannot be accepted because in point of time, if the direct recruits have been appointed as Addl. District and Sessions Judge before the promoted judicial officers, their seniority cannot be adversely affected, and no preference can be given to the promo-tees in the matter of appointment as District and Sessions Judge by curtailing the benefit which has accrued to the directly recruited officers by reason of their earlier appointment and consequent seniority.

5. We are afraid, such situations may again arise in future if the resolution of the Full Court is not followed in its letters and spirit. We, therefore, direct the High Court as also the State Government to act in accordance with the aforesaid Full Court resolution of this Court. If the vacancies which were required to be calculated in December, 1996 and December 1997, have not been so calculated the High Court shall do so within a month from today. If the number of vacancies in the quota of bar have already been calculated and communicated to the State Government, the State Government should take all necessary steps so that the vacancies in the quota of the Bar are filled up preferably within a period of six months from today.

6. Let a copy of this order be communicated to the Registrar General, Patna High Court and to the Secretary-cum-Legal Remembrance, Department of Law Govt. of Bihar, as also to the Secretary, Department of Personnel immediately, for prompt action.

7. This writ petition is disposed of with the above directions.