JUDGMENT

B.N. Agrawal, J.-These appeals by special leave are against five judges Full Bench judgment of Rajasthan High Court passed in three different writ applications whereby by a majority of 3:2, the same have been dismissed. In the writ petition out of which Civil Appeal No. 6469 of 1998 arises, the selection of respondent Nos. 3 to 12 who were appointed to the cadre of Rajasthan Higher Judicial Service by order dated 20th April, 1998 pursuant to advertisement dated 21st December, 1996 and recommendation of the High Court has been assailed by challenging the validity of Rules 8(ii) and 15(ii) of The Rajasthan Higher Judicial Service Rules, 1969 (hereinafter referred to as the Rules ) making only those advocates eligible for consideration to the post of Rajasthan Higher Judicial Service who are practising in the Rajasthan High Court and courts subordinate thereto, on grounds, inter alia, that the same were violative of Fundamental Right, guaranteed to a citizen of India, enshrined under Articles 14 and 16 of the Constitution. In the writ petition, out of which Civil Appeal No. 2411 of 1999 arises, apart from challenging validity of the said rules on the aforesaid grounds, the de