( 1 ) THE question raised in this petition under Article 226 of the Constitution of India is whether the petitioners who have taken full time employment as Public Prosecutors, are eligible for appointment to the Delhi Higher Judicial Service.

( 2 ) THE High Court of Delhi, respondent No. 2, issued public notice and invited applications from practising advocates possessing the qualifications and satisfying the conditions enumerated in the advertisement for direct recruitment to the Delhi Higher Judicial Service. In response to the advertisement, petitioner No. I applied and claims that he fully satisfies the qualifications prescribed for the appointment and is eligible for being considered and fit to be appointed on merits. Petitioner No. I is admittedly employed as Public Prosecutor in Delhi under the direct control of Delhi Administration. The eligibility of petitioner No. 1 was examined and it was found by respondent No. 2 that petitioner No. 1 and similarly situated persons are ineligible for direct recruitment as the same is meant only for practising advocates with seven years or more practice at the Bar. The decision was communicated to petitioner No. I by the