Judgment Shiva Kirti Singh, J. 1. The two writ petitioners had originally filed this writ petition in the year 1994 for quashing the result of 24th Judicial Service Competitive Examination published in a daily newspaper on 14.5.1994. The petitioners had further prayed for a direction to the Bihar Public Service Commission (hereinafter to be referred to as the Commission) to prepare a fresh result of successful candidates without taking into account the reservation provisions for backward classes and for this it be declared that the reservation policy of the State for backward classes is not applicable to judicial services. The last prayer was to direct the Commission to recommend necessary number of candidates so that the entire vacancies of Judicial Officers occurring till the last date of interview be filled up. 2. The connected records show that at least three writ petitions filed in this Court challenging the application of reservation policy of the State of Bihar for backward classes to judicial services have been disposed of on 28.8.2000 (CWJC Nos. 6207 and 8263 of 1994 and CWJC No. 3539 of 1995). In this case also the order dated 25.9.2000 indicates that in view of controversy regarding reservation in favour of classes other than scheduled caste and scheduled tribe being finally decided by the Supreme Court in State of Bihar V/s. Bal Mukund Sah & Ors., ( AIR 2000 SC 1296 ) [: 2000(2) PLJR (SC)83], the petitioners had nothing to submit on any aspect relating to reservation but only on the question of vacancies as may be available as per affidavits of the State Government or of the High Court. 3. Surprisingly, two interlocutory applications bearing no. 5896 and 6036 of 2005 were filed as late as in December 2005 and four interlocutory applications bearing nos. 1, 77, 78 and 217 of 2006 even later through which altogether 15 persons have made a prayer that they be made parties because they like the petitioners had taken the 24th Judicial Service Competitive Examination and had identical interest in the subject matter of the writ petition. On the date of hearing all the intervenors adopted the case of the petitioners and their interlocutory applications for being made parties stand allowed. 4. Mr. On the date of hearing all the intervenors adopted the case of the petitioners and their interlocutory applications for being made parties stand allowed. 4. Mr. Abhay Kumar Singh, learned senior advocate appearing for the petitioners fairly submitted at the outset that the only issue remaining to be decided is whether further vacancies occurring till the date of interview should also be filled up from amongst eligible and successful candidates of 24th Judicial Service Competitive Examination or the declared vacancies, 245 in number, were only required to be filled up as per law. 5. The relevant facts may be noticed in brief. The first advertisement inviting applications from eligible candidates for the 24th Bihar Judicial Service Competitive Examination published in the month of September 1990 (Annexure-1) mentioned the number of vacancies to be only 7 but indicated that the number may change. This advertisement indicated reserved vacancies only in favour of scheduled castes and scheduled tribes besides general vacancies. The examination was held in the month of April 1991 as per schedule fixed by the Commission. On 7.10.1991, another advertisement was published under the authority of the Commission increasing the number of vacancies from 7 to 245 in total. The advertisement did not indicate that the declared vacancies of 245 could vary any further. The vacancies were shown against not only general and scheduled castes or scheduled tribes candidates but also against extremely backward class, backward class, economically backward class and ladies categories. The candidates who had taken the examination were required to indicate through further communication if they belong to any of the reserved categories. The result, as noticed earlier, was published in May 1994. The same was challenged mainly on account of reservation provided to classes other than scheduled castes and scheduled tribes. As noticed earlier, the issue of reservation now stands finally concluded by the judgment of the Apex Court in the case of State of Bihar vs. Bal Mukund Sah and Ors. (supra). 6. Learned counsel for the petitioners submitted that there was confusion in respect of actual number of vacancies. As noticed earlier, the issue of reservation now stands finally concluded by the judgment of the Apex Court in the case of State of Bihar vs. Bal Mukund Sah and Ors. (supra). 6. Learned counsel for the petitioners submitted that there was confusion in respect of actual number of vacancies. According to affidavits filed in connected matters on behalf of the State Government, the vacancies were shown to be 327 but he accepted that according to consistent stand of the High Court, there were 295 vacant posts of Munsif at the relevant time, out of which 50 posts had been decided to be surrendered to be Govern- merit in lieu of 40 posts of Sub-Judges and, therefore, only 245 vacancies were advertised. It is not in dispute that subsequently on 28.5.1996 the 50 posts of Munsif were actually converted into agreed number of posts of Sub-Judges. However, it was shown from the counter affidavit of High Court that interviews were held till 9.5.1994 and by that date 30 more vacancies in the cadre of Munsif had occurred. Some vacancies due to non-joining of the recommended candidates at that time were also indicated in that counter affidavit but there is no dispute that as per last counter affidavit of the Commission all the declared 245 vacancies stand filled up in accordance with judgment of the Supreme Court or this Court and the law. Hence, the only issue to be decided in the writ petition is whether the 30 vacancies which occurred till 9.5.1994 should be ordered to be filled up by directing the Commission to recommend further eligible candidates from the 24th Judicial Service Competitive Examination or not. 7. Learned senior counsel for the petitioners relied upon a judgment of the Apex Court in the case of Sandeep Singh V/s. The State of Haryana, reported in (2002)10 SCC 549 and submitted that in that case the Apex Court has held that vacancies up to the date of interview should be filled up from amongst the candidates selected in the competitive test. 8. Learned counsel for the respondent no. 5, the High Court of Judicature at Patna, Mr. R.K. Datta, on the other hand placed reliance upon judgments of the Supreme Court in the case of State of Bihar V/s. Madan Mohan Singh, reported in (1994) Supp. 8. Learned counsel for the respondent no. 5, the High Court of Judicature at Patna, Mr. R.K. Datta, on the other hand placed reliance upon judgments of the Supreme Court in the case of State of Bihar V/s. Madan Mohan Singh, reported in (1994) Supp. (3) SCC 308 [:1994(1) PLJR (SC)82] and in the case of Madan Lal V/s. State of J & K, reported in (1995)3 SCC 486 . One that basis he submitted that three Judges in the case of State of Bihar vs. Madan Mohan Singh held that when a panel was prepared only for filling up declared vacancies, for other vacancies occurring during the recruitment process a fresh panel was required to be prepared. In fact, it was shown from that judgment that in absence of any statutory rule or stipulation in the advertisement the merit list could not be kept valid for filling up future vacancies and stand of the Government in that case that fresh recruitment process should be resorted for filling up of future vacancies was declared valid. 9. The judgment of the Apex Court in the case of Madan Lal vs. State of J & K (supra) related to judicial service of Jammu and Kashmir and the Hon ble two Judges on the relevant point chose to foflow the judgment in the case of State of Bihar vs. Madan Mohan Singh which related to superior judicial service of Bihar. In this judgment it was held that even if Public Service Commission prepared a select list of candidates in excess of the specified number of vacancies, appointments from the list could be made only in the specified number of vacancies and once the said vacancies were filled, irrespective of nonexpiry of the statutory period of life of the select list, the list stood exhausted and could not be utilised to fill up any further vacancies although arising within the said statutory period. The additional names contained in the list can only serve as a waiting list. 10. Mr. The additional names contained in the list can only serve as a waiting list. 10. Mr. Datta further submitted that the factual situation in the case of Sandeep Singh vs. State of Haryana was different inasmuch as in that case relating to posts in Haryana Civil Services (Executive Branch), the advertisement stipulated that the vacancy position may change and there were policy decisions of the State of Haryana in the form of circular to the effect that vacancies available upto the date of interview should be filled up from amongst the candidates selected in the competitive test. It was pointed out that in the present case there is no circular or any policy decision of the State of Bihar and the subsequent advertisement contained in Annexure-3 specified the exact number of vacancies to be 245 without any stipulation that it may very. It was further submitted that because of such basic differences in facts, the Bench of two Judges deciding the case of Sandeep Singh vs. State of Haryana did not notice or refer the earlier judgments in the case of State of Bihar vs. Madan Mohan Singh and Madan Lal vs. State of J & K. 11. On considering the rival submissions noticed above, there is no difficulty in holding that the issue at hand will be governed by judgments in the case of State of Bihar vs. Madan Mohan Singh (supra) and Madan Lai vs. State of J & K (supra). In this case also as per policy decision framed in consultation with the State Government the Commission was required to call for interview candidates three times the number of declared vacancies which was rightly treated as 245, the number of declared vacancies. 12. Thus, on the first submission advanced on behalf of respondent no. 5 itself the writ petition is found to be without any merit because it is not found possible to direct the respondents to use the result of 24th Judicial Service Competitive Examination for filling up any vacancy in excess of the declared vacancy of 245 which has already been filled up. 13. In fairness to learned counsel for the respondent no. 5 it is useful to notice an alternative submission that during the subsequent period 25th Judicial Service Competitive Examination has also been conducted and appointments made on all the available posts. 13. In fairness to learned counsel for the respondent no. 5 it is useful to notice an alternative submission that during the subsequent period 25th Judicial Service Competitive Examination has also been conducted and appointments made on all the available posts. In fact, it was submitted that due to re-organisation of the State of Bihar due to bifurcation and creation of State of Jharkhand on 15.11.2000, the number of advertised posts could not be filled up because presently 1/3rd posts stood transferred to the State of Jharkhand. It was further submitted that process is under way to conduct 26th Judicial Service Competitive Examination. On such submissions it was urged that once subsequent selection process has materialized it would not be proper to reopen the issue of vacancies and examine the possibility of its being filled up with candidates of 24th Judicial Service Competitive Examination. For this purpose Mr. Datta placed reliance upon a Division Bench judgment of this Court in the case of Vijay Kant V/s. State of Bihar, reported in 1988 BBCJ 677 . A perusal of that judgment, particularly paragraph 12 makes it clear that the Division Bench had clarified that the judgment did not propose to lay down any rule of law in respect of filling up the posts on basis of different competitive examinations and only a rational mode had been evolved under then existing situation. However, there is no difficulty in accepting the submission advanced on behalf of respondent no. 5 that once the selection and appointment process on the basis of next competitive examination has been undergone, it would not be proper to examine the issue of vacancies hypothetically available for the candidates of earlier competitive examination. 14. For all the aforesaid reasons, the writ petition insofar as the surviving issue of vacancies is concerned, is found to be without merit and is dismissed accordingly. 15. In the facts of the case, there shall be no order as to costs. Chandra Mohan Prasad, J. 16 I agree.