ORDER (Per: HONOURABLE THE CHIEF JUSTICE) Feeling aggrieved by the order dated 9th November 2010 made by the learned single Judge in CWJC No.10750 of 2006, the writ petitioners have preferred this Appeal under Clause 10 of the Letters Patent. 2. On 11th February 2006 the Bihar Legislative Council (hereinafter referred to as “the Council”) published advertisement notifying 11 vacancies in the cadre of Lower Division Clerk. The said advertisement specified typing speed of 40 words per minute and preference for the computer knowing candidates. Pursuant to the said advertisement and following the recruitment process, the appellants were selected and appointed as Lower Division Clerks in the Council in the month of April 2006. The said recruitment process was challenged before this Court in CWJC No. 6479 of 2006. Pending the said petition, the said recruitment process and consequential appointments were cancelled by the Council. The appointments of the appellants and others were cancelled by the orders made on 22nd July 2006. Feeling aggrieved the appellants approached this Court under Article 226 of the Constitution in above CWJC No. 10750 of 2006. The writ petition has been dismissed by the learned single Judge as infructuous. Therefore, this Appeal. 3. Learned counsel Mr. Basant Kumar Chaudhary has appeared for the appellants. He has submitted that the learned single Judge has manifestly erred in holding that the writ petition had become infructuous. He has submitted that the appointment of the appellants has been held to be void ab initio and their service has been terminated. The said cause of action still survives. The writ petition could not have been disposed of as having become infructuous. 4. Mr. Chaudhary has submitted that if at all there were any irregularity in recruitment process, entire recruitment process could not have been cancelled by an omnibus order. Case of each appellant required individual scrutiny. Only those appointments which are found illegal may be terminated. 5. The recruitment and service conditions of the employees of the Bihar Legislative Council are governed by the Bihar Legislative Council Secretariat (Recruitment and Conditions of Service) Rules, 1965. Rule 4 thereof provides for method of recruitment either by promotion or by transfer or deputation or by direct recruitment. Only those appointments which are found illegal may be terminated. 5. The recruitment and service conditions of the employees of the Bihar Legislative Council are governed by the Bihar Legislative Council Secretariat (Recruitment and Conditions of Service) Rules, 1965. Rule 4 thereof provides for method of recruitment either by promotion or by transfer or deputation or by direct recruitment. Sub- rule (2) thereof empowers the Chairman of the Council, inter-alia, to specify the method for filling up the posts; to determine the proportion of vacancies to be filled by each method and to specify conditions for promotion. Rule 5 thereof empowers the Chairman to specify qualification for recruitment to any post or class of posts by general or special order made from time to time. In exercise of power conferred by the above referred rule 5 of the Rules of 1965, the Chairman of the Council, under Notification dated 1st February 2003, made certain orders in respect of Lower Division Clerk. Paragraph-8 thereof provides that for appointment as Lower Division Clerk, a candidate must have passed Intermediate or equivalent examination and shall have proficiency of 40 words per minute of typing in Hindi and 50% of the posts shall be filled in by limited competitive examination from amongst eligible Class-IV employees of the Council. 6. In the present case pursuant to the complaints received by the Council, the Council ordered an enquiry by the Establishment Committee of the Council. The Committee recorded several irregularities/ illegalities committed in the recruitment process in respect of several cadres under the Council. A bare perusal of the report suggests that the entire recruitment process was reeking of illegalities and irregularities. The Committee recorded several irregularities/ illegalities committed in the recruitment process in respect of several cadres under the Council. A bare perusal of the report suggests that the entire recruitment process was reeking of illegalities and irregularities. In respect of the Lower Division Clerks it was found that (i) as many as 38 appointments were made against 11 vacancies advertised; (ii) the candidates were not given the test for determining the proficiency in Hindi typing; (iii) the posts in the cadre of typist which were abolished under the Government letter dated 20th December 2000 were filled in by appointment of the Lower Division Clerks ; (iv) the reservation policy was not implemented; (v) 50% posts were not reserved for eligible Class-IV employees to be filled through limited competitive examination; (vi) ineligible candidates were selected and empanelled; (vii) out of 16,028 applications received, only 5740 applications were registered and the Admit cards were issued to only 3513 candidates; (viii) the Under Secretary and the Members of the Appointment Committee had appointed their own kith and keen and relations. 7. These are only a few of the illegalities committed in the recruitment process. The said illegalities necessarily vitiated the entire selection process. The entire selection process and eventual appointments were liable to be cancelled. On perusal of the record, it is apparent that individual cases were examined; each individual was given a notice to show cause and each reply was considered. 8. For the aforesaid reason, the impugned orders of termination of service made on 22nd July 2006 are justified and do not call for interference. 9. Appeal is dismissed in limine.