Joseph, J.

Several important and interesting questions arise for our consideration in this batch of Writ Petitions coming up by reference by a learned Single Judge, Justice T. R. Ramachandran Nair. What is the effect of the founding fathers providing for seven years experience as an Advocate to be eligible for appointment as a District Judge in Article 233(2) ? Does the acceptance of the Report of the Shetty Commission by the Apex Court in the decision in All India Judges' Association And Others v. Union of India And Others((2002) 4 SCC 247) (hereinafter referred to as the All India Judges case) amount to declaration of law ? What is the impact of the amendment in the Kerala Higher Judicial Service Rules, 1961 (hereinafter referred to as the Rules) prescribing the qualification of minimum age as thirtyfive and the maximum age as fortyfive for appointment as a District Judge on the rights of the writ petitioners, who had applied for selection and passed the written test prior to the amendment?

2. The Facts:

The High Court of Kerala issued a Notification dated 16.4.2007 inviting applications for appointment as District Judges. The last date for receipt of applications was fixed as 30.6.2007. The qualifications prescribed, inter alia, are as follows:

Qualifications for appointment:

A candidate for appointment as District Judge from the Bar shall satisfy the following conditions:

(a) He shall be a Citizen of Indian Union.

(b) He shall not have completed 47 years of age on the first day of January, 2007.

(c) He shall be of good character.

(d) He shall be of sound health and active habits and free from any bodily defect or infirmity which renders him unfit for such appointment.

(e) He shall not have more than one wife living unless exempted by the Government on special grounds.

(f) He shall be a practicing Advocate and should have so practiced for a period of not less than 7 (seven) years.

Note.-(1): Upper age limit shall be raised by five years in the case of candidates belonging to Scheduled Castes or adult members of such Castes and their children when such adult members are converted to other religion or Scheduled Tribes and by three years in the case of candidates belonging to any of the Other Backward Classes.

(2) For relaxation of age limit for other categories of persons, provisions in Rule 10 of the Kerala State and Subordinate Service Rules, 1958 may be referred to. Any one coming within the description in the Rules and who satisfies the other conditions can also apply.

(3) Save as otherwise provided, eligibility shall be determined with reference to the last date fixed for receipt of the applications."

The petitioners filed applications pursuant to the Notification.

The process of selection contemplated under the Notification comprises of a written examination and a viva voce. The written test was held from 27.10.2007 to 29.10.2007. After conduct of the written test, the Rules came to be amended. The amendment with which we are concerned, relates to the prescription of minimum and maximum age. The following is the amendment:

"(d): For clause (b) of sub-rule (2), the following shall be substituted, namely:-

"(b) He shall have attained the age of 35 years and shall not have completed 45 years of age on the first day of January of the year in which applications for appointment are invited:

Provided that the provisions in sub-rule (c) of Rule 10 of the Kerala State and Subordinate Service Rules, 1958 raising the upper age limit in the case of candidates belonging to Scheduled Castes, adult members of Scheduled Castes and their children when such adult members are converted to other religions, Scheduled Tribes and Other Backward Classes shall be applicable to such candidates for appointment under Rule

(2) (c) (iii)."

After the substitution, the relevant Rule reads as follows:

"3.(2): A candidate for appointment to category (2) from the Bar shall satisfy the following general conditions, namely.-

x x x x

(b) He shall