JUDGMENT

Pattanaik, J.—This batch of cases deals with the dispute between the direct recruits and the promotees in the cadre of U.P. Higher Judicial Service comprising of posts borne in Class I. U.P. Higher Judicial Service Rules, 1975 have been framed in exercise of powers conferred by the Proviso to Article 309, read with Article 233 of the Constitution by the Governor in supersession of the earlier Recruitment Rules of 1953. The earlier Recruitment Rules of the year 1953 were struck down by this Court in the case of Chandra Mohan v. State of U.P., on a conclusion that the same was violative of Article 233 of the Constitution.

2. The present Rules govern the conditions of service including recruitment of the members of the service constituting a cadre. The dispute, in fact centers round recruitment made in different recruitment years, and is basically one on the calculation made by the High Court to find out the ratio between direct recruits and promotees in a given year. We, however do not propose to examine the calculation made by the High Court in each recruitment year, on the other hand, we propose to interpret the relevant provisions of the Rules and decide what should be the