Judgement

SUBBA RAO, CJI. : These appeals - the former by certificate and the latter by special leave - raise the question of the scope of the field of recruitment to the cadre of District Judges.

2. The facts may be briefly stated. During the years 1961 and 1962, the Registrar of the Allahabad High Court called for applications for recruitment to ten vacancies in the Uttar Pradesh Higher Judicial Service from Barristers, Advocates, Vakils and Pleaders of more than seven years standing and from "judicial officers". The expression "judicial officer" is a euphemism for the members of the Executive department who discharge some revenue and magisterial duties. The Selection Committee constituted under the U. P. Higher Judicial Service Rules, hereinafter called the Rules, in accordance with the provisions of the said Rules, selected six candidates from the said applicants as persons suitable for appointment to the said service. Respondents 2 to 7 are the candidates so selected by the said Committee. Respondents 2, 3 and 4 were Advocates and respondents 5, 6 and 7 were "judicial officers". The Selection Committee sent two lists, one comprising the names of the three Advocates and the othe