- (1.) Heard Sri Dushyant Kumar, learned counsel for the petitioner and Sri Manish Goyal, learned counsel appearing for High Court.
(2.) By means of this writ petition, the petitioner has made the following prayers: (i) Issue a writ order or direction in the nature of certiorari call for the records and quash the Rule 8 (1) and 12 of the U.P. Higher Judicial Services Rules, 1975 to the extent it relates to inviting the application within 3 years from the last recruitment and judging the age of candidates on the first day of January next following the year in which the notice inviting application is published respectively by declaring the same as ultravires to Article 143 of the Constitution of India. (ii) Issue a writ order or direction in the nature of Mandamus directing and commanding the respondents to forthwith consider the application form of the petitioner for direct recruitment to the U.P. Higher Judicial Service Examination 2019 and permit to the petitioner for appearing in U.P. Higher Judicial Service Examination 2019 on the basis of judging their upper age limit as on 14.06.2018. (iii) Issue any such other and further writ order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (iv) Award the cost of the writ petition against the contesting respondents."
(3.) Relevant Rule 8 (1) as well as Rule 12 of U.P. Higher Judicial Services Rules, 1975, is quoted herein below: 8. Number of appointments to be made -- (1) The Court, shall, from time to time, but not later than three years from the last recruitment, fix the number of officers to be taken at the recruitment keeping in view the vacancies then existing and likely to occur in the next two years. 12. Age- A candidate for direct recruitment must have attained the age of 35 years and must not have attained the age of 45 years on the first day of January next following the year in which the notice inviting applications is published. Provided that the upper age limit shall be higher by three years in case of candidates belonging to Scheduled Castes and Scheduled Tribes and such other categories as may be notified by the Government from time to time.;