- (1.) We have heard Shri Ashok Khare, Senior Advocate assisted by Shri Siddharth Khare for the petitioners. Learned Standing Counsel appears for the State respondents. Shri Ranjan Srivastava represents the Registrar General, High Court, Allahabad.
(2.) By these writ petitions, the petitioners have prayed for following reliefs:- "(i) a writ, order or direction of a suitable nature commanding the respondents to include the name of petitioners in the select list for appointment to U.P. Higher Judicial Service on the basis of their performance in U.P. Higher Judicial Service Examination-2009 and to forward the names of petitioners to the State Government for grant of appointment on such basis. (ii)a writ, order or direction of a suitable nature commanding the respondents to forthwith grant appointment to the petitioners to U.P. Higher Judicial Service, to permit the petitioner to function as such and also to make disbursement of regular monthly salary to the petitioners. (iii)a writ, order or direction in the nature of which this Hon'ble Court may deem fit and proper under the circumstances of the case. (iv)award cost to the humble petitioners throughout of the present writ petition."
(3.) The High Court of Judicature at Allahabad published an abridged advertisement for "Direct Recruitment to the Uttar Pradesh Higher Judicial Service-2009", on 15.4.2009 inviting applications, for appointments on 68 vacancies, in the Uttar Pradesh Higher Judicial Service, including 41 backlog vacancies (General-10, Scheduled Caste-15, Scheduled Tribe-2 & Other Backward Class-14), and 27 current vacancies (General-14, Scheduled Caste-6, Other Backward Class-7), from Advocates of not less than 7 years standing on 01.01.2010, between age group of 35 years and 45 years as on 01.01.2010. The age limit was specified to be higher by 3 years in case of candidates belonging to SC/ST/OBC. There was 20% horizontal reservation provided for woman. The recruitment was to be based on a preliminary examination (objective) to be held on 28.6.2009, and only those candidates, who secure 50% or more marks in the preliminary examination, were to be called to appear in the mains written examination provided the candidates not more than 20 times of number of vacancies were admitted to the mains written examination. Only those candidates, who secure 50% or above in the mains written examination, were to be called to appear in the interviews.;