IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6444 of 1995, 1. SIYA RAM SHARMA, son of late Basudeo Sharma, resident of village and Panchayat _ Lawa Lagan East, Block and Police station – Chausa. 2. Sada Nand Yadav, son of Shri Kamleshwari Yadav, resident of village and Panchayat – Sishiyan Dharhara, Block and Police Station – Murliganj. 3. Bhudeo Sah, son of late Dashrath Sah , resident of village and Panchayat- Babhan Gama, Block and Police station – Murliganj. 4. Rajendra Kumar, son of Shri Dahneshwar Yadav, resident of village – Dandari, Block and P.S. Sidheshwar. 5. Sushil Kumar Sharma, son of late Anup Lal Sharma, resident of village and Panchayat – Gosain, Block and Police station – Chauda. 6. Vibhishan Kumar Yadav, son of late Hirdaya Nand Yadav, resident of village – Kewat Gama, under Gram Laxmipur Chandi Asthan, Block and Police station – Kumar Khand. 7. Bechan Prasad Yadav, son of late Sukhi Lal Yadav, resident of village and Panchayat – Gangapur, Block and P S – Murliganj. All belongs to district – Madhepura. Versus 1. STATE OF BIHAR 2. The Director, Directorate of Panchayati Raj, Government of Bihar, Patna Secretariat, Patna. 3. The District Magistrate, Madhepura. 4. The Deputy Development Commissioner, Madhepura. 5. The District Panchayat Officer, Madhepura. ----------- 07. 29.06.2010 The decision of the Committee headed by the District Magistrate, Madhepura dated 30.10.1994, contained in Annexure-6, is under challenge in the present writ application. According to the petitioners, 17 posts available for appointment as Panchayat Sewak in the district have been offered to various reserved candidates, which has the effect of making 100 per cent reservation in the matters of appointment under the State. This, according to the petitioners, is not permissible both under the law as well as under the Constitution. This Court need not go into the dispute and adjudicate afresh in view of the assistance which this Court has in yet 2 another decision in similar circumstance, which is the case of Ashok Kumar v. State of Bihar and others. The case in question is CWJC No. 9446 of 1994 which was decided on 14th February, 1997. A copy of the said order is already on record as annexure- 10. In an identical situation the Court has laid down the parameters under which appointments have to be made. This appointment has to be made on the basis of earlier vacancies in every year and the reservation only to the extent of 50 per cent has to be given for such appointments. The direction and adjudication made by the learned single Judge, contained in annexure-10, still occupies the position. Therefore, the present writ application is also disposed of with a direction upon the respondents that their decision would be guided by the ratio of the case of Ashok Kumar. The writ application stands allowed to the extent indicated above. rkp ( Ajay Kumar Tripathi, J )