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12. In this connection, we may refer to the decision of the Supreme Court in the case of State of Bihar v. Madan Mohan Singh, AIR 1994 SC 765. Here was a case where an advertisement was published on 29.9.1989 for filling up 32 vacancies of Additional District and Sessions Judges on direct recruitment. As 128 candidates (four times the number of actual vacancies) were declared successful in the written test but one more candidate was included in the list as the persons in the 128th and 129th positions secured equal marks. Interview was held in November, 1990, and out of the 129 candidates, so interviewed, 32 were selected and a panel was prepared. Subsequently the High Court, at a Full Court meeting, passed a resolution that any further vacancy that might fall within one year, against direct recruitment quota, would be filled up from the merit list already prepared by it. This action of the High, Court was held invalid as there was no statutory rule for such increase nor was there any indication in the advertisement that the panel would be in force for one year. In the case at our hands, the advertisement spoke of probable variation in the number of vacancies without prior notice. This, however, must be read with the statutory provisions as contained in the rules. It is not for the Registrar or even for the Selection Committee to Increase the number of vacancies as the same is to be fixed by the Court, which means by the High Court, at a Full Court meeting and not by any other authority. Nothing has been placed before us to Indicate that there had been such an increase by any resolution in a Full Court meeting of the High Court.
(iii) The Full Court is requested to consider the question of increase in the number of vacancies from '6' to '19', which was admittedly available as per report of the Selection Committee itself.
(iv) Hon'ble the Chief Justice is requested to take necessary steps expeditiously for formation of a Selection Committee, so that appropriate number of candidates be interviewed for the 13 remaining posts for direct recruitment to the H.J.S.
(v) The petition for intervention of Vinod Kumar Verma (filed in Civil Misc. Writ Petition No. 35384 of 1995) is rejected.