ORDER : In Re: State of Kerala 1. Despite order dated 16th August, 2010, whereby the State of Kerala was required to file the status report within two weeks, the same has not been filed. In the affidavit filed by the High Court of Kerala, dated 30th August, 2010, it is pointed out that names of 10 selected candidates (direct recruits) are still pending clearance by the State Government. We direct the Chief Secretary of the State of Kerala to file an affidavit explaining the reason for delay in the approval of the names of the selected candidates. The requisite affidavit shall be filed within two weeks, failing which the Chief Secretary shall remain present in Court in person along with the relevant records. 2. List on 8th October, 2010. In Re: State of Andhra Pradesh 3. Pursuant to our order dated 16th August, 2010, Mr. S. Sivaiah Naidu, Registrar General of the High Court and Mr. R Ramachandra Reddy, Secretary (Law), Government of A.P. are present in Court. An affidavit has also been filed by the High Court, but in the said affidavit the total number of vacancies (year-wise) for the post of District Judge (Direct recruit) has not been stated. It is, however, pointed out that a notification for filling up of the 18 posts of District and Sessions Judge by way of direct recruitment has been issued on 18th August, 2010. The last date for submission of the applications is stated to be 3rd September, 2010. It is further stated that a notification for filling up of 17 posts of District and Sessions Judge under the accelerated promotion quota has been issued, for which the last date of receipt of applications is also 3rd September, 2010. Status report about the further progress in this regard shall be filed by the High Court before the next date. List on 3rd December, 2010. 4. The personal presence of the Registrar General and the Secretary (Law) is dispensed with. In Re: State of Bihar 5. In the affidavit filed by the High Court, it is stated that insofar as recruitment for the post of District Judge (Direct) is concerned, the State Government has issued appointment letters for 12 posts. Similarly, one candidate has been selected in the limited competitive examination for the post of Additional District Judge and 5 officers have been promoted in the promotee quota. Similarly, one candidate has been selected in the limited competitive examination for the post of Additional District Judge and 5 officers have been promoted in the promotee quota. As regards, the filling up of posts of Civil Judge (Senior Division), it is pointed out that the process of selection for filling up of 41 vacancies for the year 2010-11, has been initiated. However, regarding 217 vacancies of Civil Judge (Junior Division), it is stated that the result of preliminary test, conducted by the Bihar State Public State Commission has not been published because of the stay granted by the High Court. 6. Vide order dated 23rd September, 2008, taking note of the controversy between the High Court and the State of Bihar, pertaining to the amendment of recruitment Rules,it was directed that the process of recruitment of Civil Judge (Junior Division) shall be undertaken immediately by the State of Bihar as well as the High Court “as per the existing rules.” Then again, vide order dated 4th November, 2008, after hearing the learned Amicus Curiae, learned counsel for the State and the High Court, the State of Bihar was directed to send within 10 days of the date of the order a requisition to the Bihar State Public Service Commission for filling up of 217 vacancies and on such requisition being made, the requisite advertisement was directed to be issued and published by the Commission within three weeks from the receipt of the said requisition. 7. Mr. P.H. Parekh, learned senior counsel appearing on behalf of the High Court, submits that pursuant to the said directions, the process for the said recruitment was initiated by the Commission by issuing advertisement dated 9th December, 2008 and even the preliminary examination was also held. However, in the meanwhile, the State Government carried out amendment in the Bihar Judicial Service (Recruitment) Rules, 1955 vide notification dated 25th June, 2009 by inserting Rule 3A with retrospective effect, from 1st October, 2008. Thereafter, in view of the said amendment, the State withdrew its earlier requisition, made to the Commission in compliance with the directions issued by this court and asked them to follow the amended rules and finalise the recruitment accordingly. 8. Thereafter, in view of the said amendment, the State withdrew its earlier requisition, made to the Commission in compliance with the directions issued by this court and asked them to follow the amended rules and finalise the recruitment accordingly. 8. Learned counsel appearing for the State on the other hand, submits that when the matter pertaining to the State of Bihar came up for consideration before this court on 13th January, 2009, it was brought to the notice of the Court that the State was intending to amend the recruitment rules relating to reservation in such appointments and the amended rules had already been sent to the High Court as a part of consultation process, as envisaged in the Constitution. 9. Be that as it may, it is clear that the directions issued by this Court vide orders dated 23rd September, 2008 and 4th November, 2008 having not been varied the State of Bihar as also the Bihar State Public Service Commission were bound to comply with them in letter and spirit. It is also pertinent to note that the issue of amendment of recruitment rules was sought to be brought to the notice of this Court by filing applications by the State but the applications are stated to have been withdrawn on 14th July, 2009. 10. Under the circumstances, we are constrained to issue notice to the Chief Secretary, State of Bihar, to show cause as to why appropriate action for defying the aforenoted directions be not taken against him. Explanation if any, shall be furnished on an affidavit, which shall be filed within four weeks from today. 11. Fresh Status reports shall be filed by the State of Bihar as well as the High Court before the next date. A copy of the stay order, stated to have been passed by the High court along with a copy of the petition on which such an order came to be made shall also be filed by the High court with the status report. 12. List on 3rd December, 2010. In Re: State of U.P. 13. List on 20th September, 2010. In Re: State of West Bengal I.A. No. 82 - For the reasons stated in the application, it is allowed. The recruitment process shall be completed expeditiously. 14. List on 20th September, 2010.