- (1.) This petition at the instance of the petitioners who have submitted application for appearing at the U.P. Higher Judicial Service Examination, 2016, scheduled to be held on 31 July 2016 seeks quashing of Rule 12 of the U.P. Higher Judicial Service Rules, 1975 and for quashing the advertisement dated 11 May 2016 to the extent it fixes the upper age limit as on 1 January 2017 and to permit the petitioners to appear in the examination.
(2.) It is contended by the learned counsel for the petitioners that in identical circumstances, the Supreme Court has passed an interim order on 15 July 2016. He, therefore, submits that a similar protection should be given to the petitioners also.
(3.) The Supreme Court on 15 July 2016 has passed the following orders in Writ Petition (s) (Civil) No (s). 414/2016 - Dr. Anil Kumar Singh and Others Versus The Hon'ble High Court of Allahabad and another with SLP(C) No. 15750/2016, SLP(C) No. 15764/2016, W.P.(C) No. 423/2016, SLP(C) No. 15644/2016, W.P.(C) No. 405/2016, (Along with record of SLP(C)No.24219 of 2015). "Heard. W.P.(C) No.405 of 2016: Application (I.A.No.1 of 2016) for impleadment is allowed and the applicants - Pooja Gupta and Vivek Kumar Singh added as petitioners no.16 and 17. Cause title be amended accordingly. W.P.(C)No.414 of 2016, W.P.(C)No.405 of 2016 , W.P.(C)No.423 of 2016, SLP (C) No.15764 of 2016: Pending further orders from this Court, the petitioners shall be permitted to appear in the preliminary examination for Uttar Pradesh Higher Judicial Service scheduled to be held on 1st July, 2016. In case they qualify in the same they shall also be permitted to appear in the Uttar Pradesh Higher Judicial Service Examination, 2016 (Main). The result of the main examination insofar as the petitioners are concerned shall however be withheld and kept in a sealed cover. SLP (C) No.15750 of 2016 and SLP(C) No.15644 of 2016: The petitioners shall also be allowed to appear in the Uttar Pradesh Higher Judicial Service Examination 2016 scheduled to be held on 31st July, 2016, subject to the following conditions: (1) They make an application before the Registrar General of the High Court of Judicature at Allahabad within two days from today. (2) Upon scrutiny of the applications, the Registrar General finds the petitioners to be within the upper age limit of 45 years as on 1st January, 2016 for general category candidates and within the upper age limit of 48 years, as prescribed for the reserved category candidates in terms of Rule 12 of the relevant rules. (3) The result of the main examination (subject to their qualifying in the preliminary examination) shall be kept in a sealed cover.";