LAWS(SC)-2003-5-32

SUNIL KUMAR GOYAL Vs. RAJASTHAN PUBLIC SERVICE COMMISSION

Decided On May 09, 2003
SUNIL KUMAR GOYAL Appellant
V/S
RAJASTHAN PUBLIC SERVICE COMMISSION Respondents

JUDGEMENT

(1.) The petitioners herein are aspirants of joining Rajasthan Judicial Service. They are working as Legal Assistants in the Education Department of the State of Rajasthan. Prior there they practiced as lawyers but they had not completed three years period as was necessary in terms of the rules as thence existing.

(2.) The contention of the petitioners in these Writ Petitioners is that they having been allowed appear at the written examination and having been called for interview, their candidature could not have been cancelled on the purported ground of non-completion of three years practice in terms of the All India Judges Association and Ors. v. Union of India; keeping in view the fact that they have been representing their department before the district courts and Tribunal like lawyers in respect whereof they had affirmed the requisite affidavits and filed certificates granted by the Competent Authority.

(3.) Further contention of the petitioners is that having regard the decisions of this Court in All India Judges Association and Ors. (supra) wherein this Court has laid down the law that practice at the Bar would not be necessary for joining the Judicial Service; this Court should set aside the impugned directions issued by the respondent - Commission.