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2021 Supreme(SC) 439

L.NAGESWARA RAO, ANIRUDDHA BOSE
Anand Kumar Tiwari – Appellant
Versus
High Court of Madhya Pradesh – Respondent


Advocates appeared:
For the Petitioner(s):Harshvir Pratap Sharma, Tejas Patel, Pankaj Kumar, Meera Kaura, Mamta Sharma, Ajay Chand Sharma, Paras Joshi, Astha Tyagi, Ashok Kumar Sharma, Nirmal Kr Ambastha, Manish Kumar, Rudra Vikram Singh, Kshitij Mudgal, Ashwani Kumar Dubey, Dinesh Kumar, Naresh Kumar, Advocates
For the Respondent(s):Arjun Garg, Sandeep Sharma, Sunny Choudhary, Pratibha Jain, Shyamal Kumar, Naresh Kumar, Advocates

JUDGMENT :

L. NAGESWARA RAO, J.

1. Writ Petition (C) No. 675 of 2018 has been filed for quashing the amendment made on 08.06.2005 to Madhya Pradesh Uchchtar Nyayik Sewa (Bharti Tatha Seva Sharten) Niyam, 1994 and for quashing the order dated 27.10.2015 by which the High Court of Madhya Pradesh determined the inter-se seniority of direct recruited and promotee District Judges through a Limited Competitive Examination (for short, ‘the LCE’). Further, the Petitioners sought a direction to the Respondent Nos.1 and 2 to give effect to the provisional gradation list dated 04.09.2007. The relief sought in Writ Petition (C) No. 997 of 2020 is for quashing Rule 11 of the Madhya Pradesh Higher Judicial Services (Recruitment and Conditions of Service) Rules, 2017 (for short, ‘the 2017 Rules’). Another relief sought in the said Writ Petition is to direct the Respondents to give retrospective effect to the 2017 Rules. The Petitioners in both the Writ Petitions were directly recruited as District Judges to the Madhya Pradesh Higher Judicial Services. As the issues that arise in the Writ Petitions are the same, both the Writ Petitions are disposed of by a common judgment.

2. The Petitioners in Writ

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