K.M.Dayal, J. - (1.) This writ petition has been filed by some of the Munsifs, who have been appointed on the basis of the competitive examination of 1970 held by the U.P. Public Service Commission. There are two classes in the service aforesaid and the petitioners belong to Class II.
(2.) State of U.P. is respondent 1 and the High Court of Judicature at Allahabad is the respondent 2. Public Service Commission has been ordered to be impleaded as respondent 78. The other respondents are the Munsifs who appeared at the competitive examination of 1970 held by the U.P. Public Service Commission along with the petitioners in the year 1971 and those who appeared in subsequent years at the competitive examinations and have been appointed in the aforesaid service but have been made senior to the petitioners.
(3.) Eighty five posts of Munsifs were advertised through newspapers on 3-9-1970. It was further mentioned that the number of posts could be increased. It was named as the examination of 1970. It was to be conducted in two parts: Written test carrying 850 marks and viva voce carrying 150 marks. The written tests were held on 24-2-1971 and thereafter, viva voce tests were held up to 31-8-1971. The petitioners and the respondents second set i.e. 3 to 71 appeared at that examination. Initially only 46 persons were declared successful and were recommended by the Public Service Commission for appointment. Out of the 46 candidates mentioned above six persons had obtained higher marks in the competition. They had been rightly placed above the petitioners and their position has not been challenged. They have not been impleaded in the petition. The position of all the candidates has been given in the order of merit in Annexure 'I' to the writ petition. That annexure contains the total marks obtained by the candidates and their respective dates of appointment in the service.;