(1.) Several important and interesting questions arise for our consideration in this batch of Writ Petitions coming up by reference by a learned Single Judge, Justice T. R. Ramachandran Nair. What is the effect of the founding fathers providing for seven years experience as an Advocate to be eligible for appointment as a District Judge in Art.233(2) Does the acceptance of the Report of the Shetty Commission by the Apex Court in the decision in All India Judges' Association and Others v. Union of India and Others, 2002 KHC 1659 : 2002 (4) SCC 247 : 2002 SCC (L&S) 508 : AIR 2002 SC 1752 : 2002 (3) SLR 271 : 2002 (93) FLR 628 (hereinafter referred to as the All India Judges case) amount to declaration of law What is the impact of the amendment in the Kerala Higher Judicial Service Rules, 1961 (hereinafter referred to as the Rules) prescribing the qualification of minimum age as thirty five and the maximum age as forty five for appointment as a District Judge on the rights of the writ petitioners, who had applied for selection and passed the written test prior to the amendment
(2.) The Facts:
(3.) We heard the learned counsel for the writ petitioners, the learned senior counsel appearing on behalf of the High Court of Kerala as also the learned counsel appearing for the contesting parties including the State of Kerala.