RAM KISHORE GUPTA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) In this appeal, b0y special leave, the order made by a Full Bench of the High Court of Judicature at Allahabad in a writ petition raising a question as to whether in the matter of determining the quota of (i) 15% by direct recruitment; (ii) 30% from out of the Judicial Magistrates; and (iii) 55% from out of the members of the Nyayik Sewa whether temporary vacancies in addition to permanent vacancies should also be taken note of is challenged.

(2.) The High Court in the judgment under appeal took the view that the provision of the relevant rules requires that the direct recruits should not exceed 15% of the total permanent strength of the service. On that basis the matter was disposed of by directing not to appoint more than six persons amongst the candidates selected for direct recruitment inasmuch as there are only 311 permanent posts and, therefore, direct recruits could not get more than 47. The High Court in those cases was concerned with the interpretation of the Uttar Pradesh Higher Judicial Service Rules, 1975. The effect of these rules was considered by a three-Judge Bench of this Court in O.P. Garg v. State of U.P., (1991) 2 Suppl. SCC 51 . This Court, after examination of the relevant rules, took the view as follows:-

(3.) However, on that basis there is no need for us to give any particular direction in this present case inasmuch as during the pendency of these proceedings on December 16, 1987 an interim order was made in this appeal by this Court, the relevant portion of which is reproduced as under:-