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2013 Supreme(Del) 1132

SANJIV KHANNA, SANJEEV SACHDEVA
Delhi Judicial Service Association Thr. its President Vinod Kumar Dhjs – Appellant
Versus
High Court of Delhi Through Its Registrar General – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Rakesh Tiku, Sr. Advocate with Vivek Ojha, Advocate.
For the Respondent:Viraj R. Datar, Advocate.

Judgment :

Sanjeev Sachdeva, J.

1. Delhi Judicial Service Association, petitioner No. 1 has invoked extraordinary jurisdiction of this Court under Article 226 of the Constitution of India for quashing advertisement dated 7th September, 2009 issued by the High Court of Delhi, respondent No. 1 herein for appointments to 10 posts of Additional District and Sessions Judge by direct recruitment from the Bar. The petitioner has also prayed for quashing of the communication dated 8th April, 2010 by which representation made by the petitioner herein dated 16th November, 2009 was rejected. Appropriate relief as deemed fit and proper is the residuary and last prayer.

2. The grievance of the petitioner is premised on the decision of the Supreme Court in All India Judges’ Association and Others versus Union of India and Others, (2002) 4 SCC 247 decided on 21st March, 2002. In the said decision, the Supreme Court considered Justice Shetty Commission’s recommendations in respect of pay scales, recruitment, etc. and had directed as under:-

“27. Another question which falls for consideration is the method of recruitment to the posts in the cadre of Higher Judicial Service i.e. District Judges and
























































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