D P HIREMUTT Vs. STATE OF MYSORE

JUDGEMENT

(1.) This writ petition raises the question of seniority between the petitioners and respondents 3 to 12 The petitioners are direct recruits where as respondents 3 to 12 are promotees to the cadre of Munsiffs in the Judicial Service of the State.

(2.) Recruitment to the cadre of Munsiffs is regulated by the Rules called "Mysore Munsiffs' (Recruitment) Rules, 1958" (hereinafter called the "Recruitment Rules"), made by the Governor of Mysore in exercise of the powers conferred by Art. 234 and the proviso to Art. 309 of the Constitution. Rule 3 provides two methods of recruitmen to the cadre of the Munsiffs, (a) by a competitive examination, and (b) by promotion of persons in service in the High Court and Courts subordinate to the High Court. For these two methods of appointments, vacancies are classified under Rule 3 (2) of the Recruitment Rules, which states that out of every six vacancies to be filled, five shall be filled by candidates selected by a competitive examination and the sixth by a candidate selected by promotion. For the purpose of direct recruitment, competitive examinations shall be conducted by the Public Service Commission and the names of candidates successful in the examination shall be published in the Mysore Gazette in order of merit and the appointment shall also be made in the order in which the names appear in the list. The list shall be in operation for a period of one year from the date of its publication. The Government may extend the period of operation until the next list of successful candidates becomes available. All appointments other than appointments by promotion within that period shall be made from candidates included in that list.

(3.) Appointments by promotion to the cadre of Munsiffs shall be made in the manner prescribed under Rule 9 of the Recruitment Rules The candidates shall be selected from amongst those possessing the prescribed qualifications on grounds of merit and suitability by the Public Service Commission and a list shall be prepared in the order of seniority in service of the candidates. The list so prepared shall be forwarded to Government who shall make the appointments after consulting the High Court