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1971 Supreme(Kar) 22

GOVINDA BHAT, JAGANNATHA SHETTY
D. P. HIREMUTT – Appellant
Versus
STATE OF MYSORE – Respondent


Advocates:
BYRA REDDY, H.B.DATAR, K.N.Haridasan Nambiar, Murlidhar Rao, S.D.Chatre, Tukaram S.Pdi, V.C.Brahmarayappa

JAGANNATHA SHETTY, J.

( 1 ) THIS writ petition raises the question of seniority between the petitioners and respondents 3 to 12 The petitioners are direct recruits where as respondents 3 to 12 are promotees to the cadre of Munsiffs in the Judicial service of the State.

( 2 ) RECRUITMENT to the cadre of Munsiffs is regulated by the Rules called "mysore Munsiffs' (Recruitment) Rules, 1958" (hereinafter called the "recruitment Rules"), made by the Governor of Mysore in exercise of the powers conferred by Art. 234 and the proviso to Art. 309 of the Constitution. Rule 3 provides two methods of recruitmen to the cadre of the munsiffs, (a) by a competitive examination, and (b) by promotion of persons in service in the High Court and Courts subordinate to the High court. For these two methods of appointments, vacancies are classified under Rule 3 (2) of the Recruitment Rules, which states that out of every six vacancies to be filled, five shall be filled by candidates selected by a competitive examination and the sixth by a candidate selected by promotion. For the purpose of direct recruitment, competitive examinations shall be conducted by the Public Service Commission and the names of ca













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