D. GANESH RAO PATNAIK vs STATE OF JHARKHAND .

The Supreme Court addressed the issue of seniority between direct recruits and promotees in the Bihar Superior Judicial Service, governed by the Bihar Superior Judicial Service Rules, 1946. The Court emphasized that one-third of the posts must be filled by direct recruitment as per Article 233 of the Constitution and the Rules, and that vacancies meant for direct recruits cannot be filled by promotion. The Court upheld the High Court's directive for timely appointments and maintained that the continuity and parity between the two categories must be preserved until altered by law, thereby affirming the principle of adherence to statutory provisions in appointments.