R R P BHATNAGAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER R.R.P. Bhatnagar has filed this writ petition praying that the proviso to Rule 9 of the Rajasthan Higher Judicial Service Rules be declared to be invalid and ultra vires of Article 236(b) of the Constitution of India. He has further prayed that the orders Annexures 2 and 3 dated 17 -12 -1975 appointing Shri S.D. Godara and Shri N.L. Chhangani as Additional District Judges and an order dated 13 -7 -1976 appointing Shri G.L. Acharya and Shri R.C. Sud as Addl. District Judges be set aside and quashed. A further prayer has been made that the respondents No. 1 and 2 State of Rajasthan and the High Court of Judicature for Rajasthan Jodhpur, be directed to consider the candidature of the petitioner along with other persons, of judicial service who are persons exclusively intended to fill the post of District Judge and lastly it has been prayed that a direction may be issued that in future all posts Additional District Judges and p strict Judges in the Rajasthan High for Judicial Service be filled by promotion from members of the Rajasthan Judicial Service who are persons exclusively intended to fall the pest of District Judge.

(2.) THIS writ petition has beer opposed by all the respondents. Mr. Bhatnagar who has argued this casein person, has made a brief submission to substantiate his writ petition, which is based on the interpretation to be given to Articles 233, 234 and 236 of the Constitution. He has invited my attention to Sub -clause (b) of Article 236 which is as under: 236(b) the expression 'judicial service' means a service consisting exclusively of persons intended to (sic) the pest of District Judge and other civil judicial posts inferior to the post of District Judge.

(3.) I have bestowed my earnest consideration to the above rival contentions of the parties. It should be mentioned in the very beginning that the Rajasthan Higher Judicial Service Rules, 1969 have been framed under Article 231 and the proviso to Article 309 of the Constitution of India as expressly mentioned in the notification dated 17 -1 -1969 published in the Rajasthan Gazette (Extraodinary, Part IV -dated 21 -1 -69 Part III of these rules contained the principles and procedure of Recruitment and Promotion. The sources of recruitment are mentioned in Rule 8 which is as under: