V.M. Pancholi, J.

1. This petition is filed under Article 226 of the Constitution of India, wherein the petitioner has prayed for the following reliefs:

"a. The Hon'ble Court may be pleased to allow the Writ Petition of the petitioner along with cost;

b. The Hon'ble Court may be pleased to held that Rule 8(3) of the Amendment Rules, 2011 in Gujarat State Judicial Service Rules be ultra virus, unconstitutional and illegal and against the settled law pronounced by the Hon'ble Supreme Court and the same may kindly be quashed and set aside in the interest of justice;

c. The Hon'ble Court may be pleased to issue a writ, order or direction calling for the records of selection process of the year 2012-2013 pertaining to recruitment to Gujarat Higher Judicial Services-2012, conducted by the Respondent No. 1 and set aside the final result dated 30.01.2013 and respondent No. 1 be directed to prepare a fresh merit list on the basis of total marks obtained by the petitioner in the written examination as well as proportionate marks of the interview or by adding marks obtained by the petitioner in the written examination and marks given to the petitioner in the interview to place the name of the petitioner in the final select List;

d. The Hon'ble Court may be pleased to issue a Writ, Order or Direction quashing the condition of securing minimum 40% marks in interview for being qualified for final selection and may direct the Respondent No. 1 to recommend the name of the Petitioner for appointment to Gujarat Higher Judicial Service to Respondent No. 2 along with all consequential benefits:

e. The Hon'ble Court may be pleased to pass an appropriate order for appointment of the petitioner out of the available unfilled 55 posts from the ongoing selection process or from any future selection process;

f. Pending hearing and final disposal of this petition, YOUR LORDSHIPS my be pleased to pass ex-parte direction to the Respondent No. 1 not to issue further advertisement inviting application for direct recruitment to the vacant posts in Gujarat H.J.S. From Bar during the pendency of the present Writ Petition.

g. Pending hearing and final disposal of this petition, YOUR LORDSHIPS may be pleased to direct the respondents to keep one post vacant for the petitioner in the cadre of District Judge.

h. The Hon'ble Court may be pleased to pass any other order/orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

2. The factual matrix of the present case is as under:

2.1. It is the case of the petitioner that the State of Gujarat promulgated and notified the Gujarat State Judicial Services Rules, 2005 (hereinafter referred as the Rules of 2005). The recruitment to the cadre of District Judge in the State of Gujarat is governed by the Rules of 2005. Rule 5 provides for the method of recruitment, qualification and the age limit. Rule 8 of Rules of 2005 provides for the competitive examination. The Rules of 2005 came to be amended on 23.06.2011 by Gujarat State Judicial Services (Amendment) Rules of 2011 (hereinafter referred to as the Amendment Rules of 2011).

2.2. That on 03.05.2012, an advertisement was issued inviting the applications from the eligible advocates for filling up 40 (15 regular + 25 adhoc) vacancies, existing in future in the cadre of District Judges by direct recruitment. The petitioner being eligible for the same, applied for the post in question and appeared in the written examination conducted by the respondent authorities. The said examination consists of two stages; preliminary examination and main written examination. It is the case of the petitioner that only 142 candidates could qualify after preliminary examination. Thereafter, the candidates who qualified in the preliminary examination were called to appear in the main written examination which was held on 26.08.2012 and which comprised of two papers of 100 marks each. It is the say of the petitioner that object of written examination was t