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1995 Supreme(Bom) 273

A.C.AGARWAL, T.K.CHANDRASHEKHARA DAS
Goa Judicial Officers Association – Appellant
Versus
State of Goa and others – Respondent


Per T.K. CHANDRASHEKHARA DAS, J. :---Rule. By consent rule is made returnable forthwith.

2.The petitioner is an association of Judicial Officers working in the subordinate courts in Goa. In this writ petition the petitioner challenges the validity of the Goa Civil Service (Judicial Branch) Rules, 1992, particularly Rule 17(b) and Rule 18(2) thereto. The said rules are hereinafter called the "1992 Rules". The attack on the rules is on two counts. Firstly, the rules under challenge are arbitrary and violative of Articles 14 and 16 of the Constitution of India inasmuch as they take away the chances of promotion of the members of the petitioner's Association. Secondly, the rules under challenge have been framed in violation of the mandates contained in Article 234 of the Constitution of India as they are framed without the consultation of the Public Service Commission and of the High Court.

2A.A galaxy of lawyers of the Goa High Court Bar including the Advocate General is arrayed on either side; lawyers appearing for the State of Goa and the High Court on one side whereas lawyers appearing for the petitioner and the Goa Public Service Commission on the other. Authorities running more t













































































































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