Virender Singh, J. - (1.) Challenge thrown in this writ petition is to the Notice Inviting Application dated 5.3.2013, whereby applications had been invited by the Jharkhand High Court from respondent Nos. 9 to 30 (hereinafter referred as private respondents), who were earlier appointed by way of Direct Recruitment from Bar as Judges to preside over FTCs under FTC Scheme, for their appointment in the regular Cadre of District Judge. For better appreciation of the case, it is necessary to go into the brief background of the case.
(2.) After the creation of the State of Jharkhand, on 10.5.2001 the Governor of Jharkhand in consultation of the High Court, framed Jharkhand Superior Judicial Service (Recruitment, Appointment and Conditions of Service) Rules, 2001 and in pursuant thereto on 23.5.2001 the High Court of Jharkhand advertised the vacancies for the post of DJs. The private respondents herein among others were applied for the post and after the written exam, and interview a panel was prepared. Thereafter, out of the list of selected candidates, 17 candidates were appointed as ADJs in the regular cadre of Jharkhand Superior Judicial Services and rest candidates from Sr. Nos. 18 to 42 including the private respondents were appointed as FTC Judges and they joined accordingly.
(3.) In the year 2009 some members of subordinate judiciary of the State of Jharkhand challenged the appointment of the private respondents before this court in W.P.S. No. 2872 of 2009 and by order dated 7.3.2011 the appointment, of the private respondents who were appointed as a FTC Judges' was declared invalid and quashed w.e.f. the date on which their tenure of appointment ended i.e. 31.3.2011.;