LAWS(SC)-2023-3-30

RAJENDRA KUMAR SHRIVAS Vs. STATE OF MADHYA PRADESH

Decided On March 13, 2023
Rajendra Kumar Shrivas Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 23/2/2018 passed by the High Court of Madhya Pradesh, Principal Seat at Jabalpur in Writ Petition No. 3190/2018, by which the High Court has dismissed the said writ petition by holding that the original writ petitioners are not entitled to seek a writ of quo warranto, the original writ petitioner No.1 has preferred the present appeal.

(2.) Before the High Court, the original writ petitioners prayed for the following reliefs:

(3.) Before the High Court, it was the case on behalf of the original writ petitioners that despite the directions issued by this Court in the case of All India Judges ' Association and Others v. Union of India and Others, reported in (2010) 15 SCC 170, directing all the High Courts to fill up the posts in the higher judiciary by reserving 10% seats to be filled up by limited departmental competitive examination, the High Court of Madhya Pradesh has exceeded the quota and has filled up the posts in the higher judiciary beyond 10% quota. It is/was the case on behalf of the original writ petitioners that despite the specific direction issued by this Court directing all the High Courts to see that the existing Service Rules be amended positively with effect from 1/1/2011, the High Court of Madhya Pradesh did not amend the rules providing 10% seats to be filled up by limited departmental competitive examination.