BHARGAVA, J.—The petitioners who are all members of the Rajasthan Judicial Service have submitted this application under Article 226 of the Constitution of India against the State of Rajasthan (Respondent No.l), the Honble Chief Justice Shri D. S. Dave Honble Justice I.N. Mondi, Judge High Court Rajasthan and Administrative Judge, High Court Rajasthan, Honble Justice D. M. Bhandari, Judge Rajasthan High Court (Respondents Nos. 2 to 4) and the Rajasthan Public Service Commission through its Chairman praying for a writ of prohibition against the respondents Nos. 2 to 4 from holding interview or selecting or recommending the appointment of candidates for direct judicial appointments to the post of Civil and Additional Sessions Judges, or any other such judicial post to the Governor or declaring the result thereof and further for declaration that the Rajasthan Higher Judicial Service Rules, 1955 (hereinafter called the Rules) are void and illegal. In the alternative it is prayed that the proceedings of the Recruitment Committee for selection of candidates be held to be illegal and be quashed because of non-compliance with the provisions of Rule 10 of the Rules and further the Selection Board be prohibited from filling vacancies in the Higher Judicial Service exceeding one fourth of the vacancies which have fallen vacant during the current year and the result should not be declared till selection from Judicial Service takes place as required by Rule 13 of the Rules and for any other appropriate writ or order.

2. On 9th May, 1955, His Highness the Raj Pramukh of the then (Part-B) State of Rajasthan in exercise of the powers conferred by the proviso to Article 309 of the Constitution, made rules regulating recruitment to posts in, and the condition of service of the persons appointed to the Rajasthan Higher Judicial Service. These rules were first published in Rajasthan Gazette Extra-ordinary Part IV (G) dated 12th May, 1955 in Appointment Department Notification No. F. 21 (3) Apptts. (c)/55. Some of the relevant rules are as under:—

Part-I—General

R.1—Short title and commencement—(1) These rules may be called the Rajasthan Higher Judicial Service Rules, 1935.

(2) They shall come into force at once and shall apply to the members of service consisting of District and Sessions Judges and Civil and Additional Sessions Judges.

R. 3—Status of the Service—The Rajasthan Higher Judicial Service is a State Service.

R. 4—Definitions—In these rules unless there is anything repugnant in the subject or context —

(b) "Court" means the High Court of Judicature for the New State of Rajasthan.

(c) "Direct recruitment" means recruitment in the manner prescribed by cl. (ii) of sub-rule (1) of R. 7.

(e) "Member of Service" means a person appointed in a substantive capacity to a post in the cadre of the service under the provisions of these rules or of orders superseded by R.2;

(g) "Service" means the Rajasthan Higher Judicial Service.

Part II—Cadre

R. 6—Strength of the Service—(1) The strength of the Service and of each class of posts therein shall be determined by the Governor from time to time in consultation with the Court.

(2) The permanent strength of the Service and of each class of posts therein shall, until orders varying the same have been passed under sub-rule (1), be as specified in Schdl. I.

(3) The Governor may, from time to time and in consultation with the Court, leave unfilled or hold in abeyance any post in the Service without thereby entitling any person to compensation, or create such additional temporary or permanent posts in the Service as may be found necessary.

Part III—Recruitment

R. 7—Sources of Recruitment—(1) Subject to the other provisions of these rules, recruitment to the Service shall be made to the posts of Civil and Additional Sessions Judges:—

(i) by promotion from among the members of the Rajasthan Judical Service; or

(ii) by direct recruitment in consultation with the court.

(2) Persons eligible for direct recruitment under cl. (ii) of

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