M C AGARWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this petition, the two petitioners who are advocates and were aspirants for recruitment to the Rajasthan Higher Judicial Service, claim a declaration that they were duly selected by the Selection Committee of the High Court in May 1964 and must therefore be deemed to have been appointed on May 26, 1965, the date on which respondents 3 and 4 (two other candidates) were appointed. They also want that their seniority should be determined in accordance with the ranking made by the Selection Committee and the order of this Court dated March 15, 1967 in Civil Appeal No. 93 of 1966. For this, in the alternative, they seek a declaration that the appointment of respondents 3 and 4 was illegal and void.

(2.) On November 20, 1963 the High Court of Rajasthan issued a notice inviting applications for direct recruitment to four posts of Civil and Additional Sessions Judges. The applications received were referred by the High Court to a Selection Committee consisting of the Chief Justice, the Administrative Judge and a Judge nominated by the Chief Justice. According to the petitioners the Selection Committee selected four candidates that is to say, the two petitioners and respondents 3 and 4. The Selection Committee at the same time prepared a second list of promotees. The two lists were submitted to the Governor.

(3.) The fact of the matter, according to the High Court, however, was that the Selection Committee held inverviews for selection of direct recruits between April 27 and May 7, 1964. The applications of these two, who were interviewed on April 27, 1964, were rejected the same day. The interviews continued and three applicants were selected for final consideration. Ultimately the Selection Committee on May 8, 1964 selected respondents 3 and 4. The Committee recorded a memorandum which read: