- (1.) Heard Sri Sandeep Dixit, learned counsel appearing for the petitioner as well as learned Chief Standing Counsel. Petitioner, who is a member of provincial Judicial Services of State of Madhya Pradesh had applied for U.P. Higher Judicial Services Exam, 2012 in pursuance to the impugned advertisement as contained in Annexure No. 1. The instant writ petition has been preferred challenging Rule 13(2) and 17(2) of the U.P. Higher Judicial Service Rules, 1975 (in short, "the Rules") to declare it illegal, arbitrary and ultra-vires to the Constitution of India being hit by Articles 14, 16 and 233(2) of the Constitution of India. Further, the petitioner has prayed for a writ in the nature of certiorari to quash the impugned advertisement by which the judicial officers have been deprived to appear in the examination of U.P. Higher Judicial Services. An alternative prayer has also been made not to proceed with the impugned advertisement.
(2.) Rules 13(2) and 17(2) of the U.P. Higher Judicial Services Rules, 1975 are reproduced as under:- Rule 13(2)-The candidates for direct recruitment must produce a certificate of good character from the District Judge of the district in which they have been practicing, and in the case of candidates normally practicing in the High Court, from the Registrar of the High Court and also from two responsible persons of status (not related to candidates) who are well acquainted with them in private life and are unconnected with their University, College or School. Rule 17(2)-The application shall be submitted to the Court by the candidate through the District Judge within whose jurisdiction the candidate has been practicing, and in the case of members of the Bar normally practicing in the High Court, through the Registrar of the High Court. The application shall be accompanied by certificate of age, academic qualifications, character, standing as a legal practitioner and such other documents as may be required to be furnished.
(3.) A plain reading of the aforesaid Rules reveals that, with regard to direct recruitment, it shall be incumbent upon the applicant to produce a certificate of good character from the District Judge of the district in which they have been practicing, and in the case of candidates normally practicing in the High Court, the certificate is to be obtained from the Registrar of the High Court. Such application shall be submitted through the District Judge within whose jurisdiction the candidate has been practicing, and in the case of members of the Bar normally practicing in the High Court, such application shall be submitted through the Registrar of the High Court along with the testimonials.;