Dhananjaya Y Chandrachud, J. - (1.) Leave granted in SLP(C) No. 15704 of 2018.
(2.) This batch of cases consists of two writ petitions under Article 32 and a Special Leave Petition under Article 136 of the Constitution of India.
(3.) The constitutional validity of Rules 8(1) and 12 of the Uttar Pradesh Higher Judicial Service Rules, 1975 (Rules of 1975) is in issue in these proceedings. Rules 8 and 12 are extracted below:- "8. Number of appointments to be made - (1) The Court, shall, from time to time, but not later than three years from the last recruitment, fix the number of officers to be taken at the recruitment keeping in view the vacancies then existing and likely to occur in the next two years. (2) If at any selection the number of selected direct recruits available for appointment is less than the number of recruits decided by the Court to be taken from that source, the Court may increase correspondingly the number of recruits to be taken by promotion from the Nyayik Sewa; Provided that the number of vacancies filled in as aforesaid under this sub rule shall be taken into consideration while fixing the number of vacancies to be allotted to the quota of direct recruits at the next recruitment, and the quota for direct recruits may be raised accordingly; so, however, that the percentage of direct recruits in the service does not in any case exceed 25% of strength of the service. ... 12. Age - A candidate for direct recruitment must have attained the age of 35 years and must not have attained the age of 45 years on the first day of January next following the year in which the notice inviting applications is published; Provided that the upper age limit shall be higher by three years in case of candidates belonging to Scheduled Castes and Scheduled Tribes and such other categories as may be notified by the Government from time to time.";