Palok Basu and M. L. Singhal, JJ. - (1.) Those who have the fortune of being personally acquainted with the honourable profession of law are perhaps at an advantageous position to appreciate the opportunities it provides, and sometimes the lack of it, to show one's merit for which it has come to be known as a profession of glorious uncertainties. Going shoulder to shoulder with brother colleagues in and outside the courts and then maintaining brotherhood of the sincerest level-inspite of representing contesting parties add luster to this great profession of law. Advocates in themselves constitute a strong body of citizens safeguarding social interests. It is this profession of law alone through which one may Join the Bench as Munsif (now Civil Judge-Junior Division), as District Judge, as High Court or even Supreme Court Justice. Our Constitutional provisions have thus bestowed this profession of law with singular honour and unparalleled dignity.
(2.) Articles 233 to 237 of the Constitution of India deal with appointment and recruitment of District Judges and subordinate courts while Articles 217 to 224A provide for appointment of High Court Judges, and Article 124 of Supreme Court Judges. The U. P. Higher Judicial Services Rules (for short, H.J.S. Rules) were framed in order to make direct recruitment from the bar to the Higher Judicial Service of the State. For ready reference. Rule 5 of the Higher Judicial Services Rules is usefully quoted here (the proviso and explanation are omitted as are not necessary): "5. Sources of recruitment.--The recruitment to the service shall be made (a) by direct recruitment of pleaders and advocates of not less than seven years standing on the first day of January next following the year in which the notice inviting applications is published ; (b) by promotion of confirmed members of the Uttar Pradesh Nyayik Sewa (hereinafter referred to as the Nyayik Sewa), who have put in not less than seven years' service to be computed on the first day of January next following the year in which the notice inviting applications is published."
(3.) It may be noted that the words "pleaders and advocates of not less than seven years standing has come up for interpretation in these two petitions. If it can be legitimately interpreted that pleader and advocate can also include those who are employed as Law Officer in some Corporation or State undertaking, the petitioners may have a case, but if it is held that the intention of the Legislature and the rule-making authority was that candidates applying for direct recruitment should be regular members of the bar, then the petitions cannot succeed.;