K. N. Singh, J. - (1.) THESE are three petitions under Art.226 of the Constitution which raise common questions of law. We consider it proper to dispose of the three petitions by a common judgment.
(2.) THE petitioners are members of the U. P. Civil Service (Judicial Branch) 'Nyayik Sewa'. They have invoked jurisdiction of this court for the issue of a writ of certiorari quashing the U. P. Government notification No. 41/13/1966- Appointment-4, dated March 12, 1975, and also the U. P. Higher Judicial Service Rules as notified by the U. P. Government Notification No. 41/13/1966-Appointment-4, dated March 21, 1975, and for the issue of a mandamus restraining the State of Uttar Pradesh from giving effect to the said Rules and making any appointment in pursuance thereof. The Governor of Uttar Pradesh issued the notification dated March 12, 1975, under Art.237 of the Constitution directing that the provisions of Chap. VI of Part VI of the Constitution and any rules made thereunder shall with effect from the date of notification apply to Judicial Magistrates (including Chief Judicial Magistrates) in the State who are members of the U. P. Judicial Officers Service, as they apply in relation to persons appointed to the judicial service of the State subject to two exceptions namely, (1) the members of the U. P. Judicial Officers Service shall constitute a judicial service to fill in the post of Additional Sessions Judges only for purposes of ArtS.233 and 236 of the Constitution and (2) the U. P. Judicial Officers Service shall be a service distinct and separate from the U. P. Civil Service (Judicial Branch). By means of this notification the Judicial Magistrates who are members of the Judicial Officers Service have become eligible for appointment to the post of Additional Sessions Judge included within the definition of 'District Judge' as defined by Art.236 of the Constitution. The notification further declares that the Judicial Officers Service shall be a judicial service.
(3.) BY another notification dated March 21, 1975, the Governor of Uttar Pradesh in exercise of his powers under Art.309 read with Art.233 of the Constitution framed rules, namely, the U. P. Higher Judicial Service Rules, 1975, regulating recruitment and appointment to the U. P. Higher Judicial Service. Under R. 4 the Higher Judicial Service consists of a single cadre comprising the posts of District and Sessions Judges and Additional District and Sessions Judges. Rule 5 lays down the sources of recruitment to the service: according to it, recruitment to the service is to be made by two sources (a) by direct recruitment of pleaders and advocates of not less than seven years standing and (b) by promotion of confirmed members of the U. P. Nyayik Sewa (Members of the U. P. Civil Service, Judicial Branch), who may have put in not less than seven years service in that cadre, in addition to that Judicial Magistrates and Judicial Officers have also been made eligible for appointment to the post of Additional Sessions Judges. Rule 6 prescribes quota for recruitment to the service from the three sources prescribed by R. 5. The rule lays down that 70% of the vacancies are to be filled in by promotion from the members of the Nyayik Sewa, while 15% of the vacancies are to be filled by direct recruitment of Advocates and the remaining 15% of the vacancies are to be filled in by promotion from amongst the members of the U. P. Judicial Officers Service (Judicial Magistrates).;