HARDIK BHARATBHAI TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In all these Special Civil Applications, challenge is to the vires of Rule 7(2)(b) of the Gujarat State Judicial Service Rules, 2005, as such they are heard together and disposed of by this common judgment and order. For the purpose of disposal of these writ petitions, we refer to the facts and the parties as arrayed in Special Civil Application No. 20434 of 2016.

(2.) Special Civil Application No. 20434 of 2016 is filed with the prayers which read as under:

(3.) Recruitment to the cadre of District Judges, Senior Civil Judges and Civil Judges in the Gujarat State Judicial Service is governed by the Gujarat State Judicial Service Rules, 2005 ("the said Rules" for short), which are framed in exercise of powers conferred by the proviso to Art. 309 read with Art. 234 of the Constitution of India. Method of recruitment, qualification, age limit etc. to the post of Civil Judge is covered by Rule 7 of the aforesaid Rules. As this batch of petitions is concerned with the recruitment to the post of Civil Judges, we refer to the provision under Rule 7 of the said Rules which reads as under: