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“List alongwith the batch of T.C.22 of 2001.
Since the matter has been pending at the stage of advertisement of 2008, we modify the order passed by the previous Bench dated 9.4.2009 by directing the process, pursuant to the advertisement of 2008, to continue pending the hearing and final disposal of this Special Leave Petition. However, on completion of the exercise, vacancies will not be filled till further orders.” Pursuant to the modification of the interim order, the High Court completed the selection process of filling up of the notified vacancies of 2008 by way of promotion. On a further application filed, this Court on 5th August 2011 permitted the High Court to make appointments concerning the said selection process of 2008. The said order reads thus:

7. It is then asserted by the High Court that when the selection process of 2008 was commenced and completed, there was no vacancy for direct recruit quota. The affidavit also refers to the fact that 8 vacancies of direct quota were notified in the year 2010 vide High Court memorandum dated 4th November 2010 for the relevant period, which reads thus:

“Actual vacancies in the Jharkhand Superior Judicial Service accrued during the period from 18.07.2008 till date |By Promotion from |Promotion (by way |By direct |Total Vacancies | |Sub-Judges on |of Selection) |recruitment from | | |basis of |through limited |Bar | | |merit-cum-seniorit|competitive | | | |y |Examination | | | |28 |08 or 09 |07 or 08 |44 | Memo 7671/Apptt. Dated Ranchi the 4th November, 2010 Copy forwarded to Scientist (D), N.I.C., Jharkhand High Court Ranchi.

20. Having said this, it must follow that the selection process of 2008 which has been completed pursuant to the liberty given by this Court by way of interim order is proper and has become final. On this finding, the challenge in the companion Writ Petitions to the selection process commenced for the year 2010 does not merit interference. In that, the vacancy position as on the date of the notification (i.e. 4th November, 2010), for commencing selection process in 2010, were only upto 8 vacancies for appointment by direct recruitment from the Bar. None of the writ petitioners before this Court claim to be within the first 8 merit list candidates. The petitioners were placed at serial No.9 onwards. The first 8 candidates having been appointed, the selection process for 2010 would get exhausted and considered as complete. Merely because the names of the writ petitioners appear in the selection list, they do not acquire any indefeasible right in getting appointed. The vacancies have to be filled up in conformity with the extant Regulations. The selection process in which the writ petitioners participated, was commenced on the basis of the stated notification for 8 notified vacancies and appointments have been made of the meritorious candidates. That selection process must be treated as having come to an end. The fact that the notifications for subsequent selection process (commenced after 2010), issued by the High Court notifying different or higher number of posts for direct recruitment, can be of no avail to the selection process of 2010. That changed position is ascribable to subsequent period on the basis of availability of posts for direct recruits. Not for selection process of 2010. Similarly, the fact that one candidate amongst the appointed eight candidates after due selection subsequently resigned, no right can accrue to the Writ Petitioner(s) on completion of the selection process of 2010. Reliance placed on Rule 21 which requires preparation of select list and to notify the same or to remain valid for one year from the date of being notified, is also inapposite. That is not a Rule mandating preparation of a wait list of the selected candidates. No express provision for retaining the select list as wait list for one year has been brought to our notice. On the other hand, the effect of Rule 22 is that once the names of candidates from the notified select list are recommended to the Government proportionate to the vacancies available for appointment; and recommended candidates are so appointed or on expiry of one year from notifying the select list whichever is earlier, the select list would become ineffective qua the subject selection process. For, that selection process is concluded. None of the writ petitioners can, therefore, succeed in getting the relief claimed by them.