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2018 Supreme(SC) 476

J.CHELAMESWAR, SANJAY KISHAN KAUL
GURMEET PAL SINGH – Appellant
Versus
STATE OF PUNJAB – Respondent


JUDGMENT

SANJAY KISHAN KAUL, J.

1. In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Punjab Superior Judicial Service Rules, 2007 (hereinafter referred to as the ‘said Rules’) were notified on 31.08.2007 duly published in the Gazette of 03.09.2007 for regulating the recruitment and the conditions of service of the persons appointed to the Punjab Superior Judicial Service. The method of appointment as per Rule 7 of the said Rules was both from amongst the members of the Punjab Civil Service (Judicial Branch), as well as direct appointment from amongst the eligible advocates on the basis of written test and viva-voce conducted by the High Court. Sub-clause (c) of Sub-rule (3) of Rule 7 dealt with the latter direct appointment for which 25 per cent of the posts were reserved. The appeals in question relate to the process of the direct recruitment under these Rules at the first instance, carried out in pursuance of the advertisement issued on 02.02.2008.

2. In terms of the aforesaid advertisement, applications were invited for selec


























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