L.NARAYANA SWAMY,C.J. - (1.)Respondent No. 1-High Court of Himachal Pradesh issued Notification, dated 16 April, 2019 (Annexure P-1), inviting applications from the eligible candidates, namely members of the Bar (Advocates), for appointment as Additional District and Sessions Judges in H.P. Judicial Service in the cadre of District Judges/Additional District Judges.
(2.)Pursuant to the said Notification, the petitioners, considering themselves eligible in view of the total period spent by them in the legal profession and judicial service, submitted their respective applications,
(3.)The grouse of the petitioners is that they have been working as Senior Sub Judges/Additional Chief Judicial Magistrate and Central Project Co-ordinator, respectively, since 22 April, 2019 and having more than seven years of experience as Judicial Officers and also as Advocates before becoming Judicial Officers, and in terms of Article 233(2) of the Constitution of India, the time spent as an Advocate in the Bar and also in the service is to be computed for the said purpose for the requirement of seven years experience in the Bar. Hence, the instant writ petitions have been filed seeking directions to respondent No. 1 to accept the petitioners' candidatures for H.P. Higher Judicial Services Examination, 2019. A writ in the nature of mandamus has also been sought directing respondent No. 1 to amend Rule 5(c) of the H.P. Higher Judicial Services Rules, 2004 and also the Notification dated 16 April, 2019 for the direct recruitment of District Judges-2019, being inconsistent with Article 233(2) of the Constitution of India and violative of Articles 14, 16 and 21 of the Constitution.
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