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1996 Supreme(Raj) 1019

V.K.SINGHAL
Mahendra Singh Yadav – Appellant
Versus
Rajasthan High Court – Respondent


JUDGMENT

1. - The present writ petition has been filed challenging the action of the High Court in not considering the candidature of the petitioner for Rajasthan Higher Judicial Service on the ground that he is not an income-tax payee.

2. It is submitted by the learned counsel for the petitioner that the petitioner was verbally informed by the Registrar that it was on account of non-submission of proof for payment of income-tax that the candidature of the petitioner was not considered. It is stated that under Rule 15 of the Rajasthan Higher Judicial Service Rules, 1969 a candidate should be a citizen of India and must be an advocate practising for not less than 7 years. This condition is duly fulfilled by the petitioner. It is stated that under Rule 20 there is a power of scrutiny of the applications for interview, but the respondents were not justified in insisting upon the payment of income-tax as one of the conditions for selection. Reliance has been placed on the decision in the case of All India Judges Association v. Union of India, (1993) 4 SCC 288 and much stress has been laid on the observations made in paras 20 and 21 (of SCC) : (Para 7 at pp 2334-35 of Lab IC) which re








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