- (1.) The petitioners, who are Civil Judges (Senior Division/Junior Division) in Uttar Pradesh, Bihar and Jharkhand and had responded to the advertisement dated 17 May 2014 that had been issued by the High Court of Judicature at Allahabad(the High Court) inviting applications for direct recruitment to the U.P. Higher Judicial Service-2014, have filed this petition for quashing Rule 5(c) of the U.P. Higher Judicial Service Rules, 1975(the 1975 Rules). The petitioners have also sought a relief that the services rendered by them as judicial officers or as members of a Tribunal or on any post under the Union or a State requiring special knowledge of law, should be computed for determining the qualifying period for recruitment to the Higher Judicial Service.
(2.) It is stated that petitioner nos.1 to 4 have more than 7 years experience in judicial service; petitioner nos.5 to 8 have more than 7 years standing as advocates before joining the judicial service; and petitioner nos.9 to 15 have more than 7 years cumulative experience of judicial service and as advocates. Petitioner no.10 has worked as an Assistant Law Officer in NTPC, which is a Government of India Enterprise, from 16 September 2006 to 31 March 2009 before being appointed as a judicial officer.
(3.) An advertisement was issued by the High Court inviting applications for direct recruitment against 82 vacancies in the U.P. Higher Judicial Service from advocates of not less than 7 years standing as on 1 January 2015. The recruitment, under the 1975 Rules, is based on a preliminary examination (objective) consisting of 100 marks and only those candidates can appear at the main written examination who secure 45% or more marks in the preliminary examination. Candidates securing 45% or above in the main written examination are called for interview subject to a maximum of three times the number of vacancies category-wise.;