MUNNI LAL GARG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MUNNILAL Garg of Karanpur has filed this petition under Article 226 of the constitution of India praying for an appropriate writ, order or direction to the effect that (i) Rule 15 (ii) of the Rajasthan Higher Judicial Service Rules, 1969 (hereinafter referred to as 'the Rules') be declared ultra vires and (ii) respondents nos. 1 and 2, i. e. , the State of Rajasthan and the High Court of Judicature for rajasthan, be directed not to proceed with the making of the selections for recruitment to the Higher Judicial Service from amongst the advocates. A prayer for quashing the proceedings for the selection which have already been undertaken, has also been made.

(2.) THE relevant facts are these: The petitioner is an advocate practising at shrikaran-pur, district Ganganagar. After passing his LL. B. Examination in the year 1954 he was enrolled as a pleader, first grade, by the Rajasthan High Court in the year 1954. He was later on enrolled as an advocate of the Kajasthan High Court under the Advocates Act in the year 1962. The Rules came into force on 21-11969, rule 8 thereof provides for two sources of recruitment :

(3.) IN accordance with these rules, the Registrar, Rajasthan High Court, Jodhpur, invited applications from advocates who had practised in the Rajasthan High Court or Courts subordinate thereto for a period not less than seven years and who were otherwise eligible for appointment to fill in six vacancies by direct recruitment. After the issue of a notification by the Registrar, Shri Roshan Lal Gupta, Vice-President, Bar Association, Shrikaranpur, Ganganagar, moved the High Court of rajasthan for a clarification of the notification, whereupon the Registrar, vide his letter No. A (ii)/4/69/ (ii)/7515 D/-19-4-1969, informed him that the period of practice of seven years prescribed in the Rules meant practice as an advocate and not as a pleader.