1. : This writ petition is a sequel to the judgement of the Apex Court rendered in All India Judges 'Association v. Union of India (JT 1993 4 SC 618 ) and, inter alia, challenges the constitutionality of the provisions of Rule 11 of the Rajasthan Judicial Service Rules as amended by the Rajasthan Judicial Services (Amendment) Rules, 1994.

2. Firstly the historical perspective - The Law Commission of India in its 14th report (Vol.1) considered the qualifications for appointment to the judicial services of the States and relying upon the Civil Justice Committee report, - observed:

"In most of the cases, what is usually described as recruitment from the Bar is really recruitment from among the disappointed members of the bar who have failed to make any headway in the profession. It was pressed upon us that if we are able to attract to the judicial service the really capable young men from the Universities and subject them to a two years' training, we could have much more competent judicial officers than the so-called recruits from the Bar."
The following observations of the Justice Committee were cited with approval:

"The rule in force in certain province requiring the candidat