CHHANGANI, J—Munni Lal Garg of Karanpur has filed this petitioner under Article 226 of the Constitution of India praying for an appropriate writ, order or direction to the effect that (i) rule 15(ii) of the Rajasthan Higher Judicial Service Rules, 1939 (hereinafter referred to as the Rules) be declared ultra vires and(ii) respondents Nos. 1 & 2, i.e. the State of Rajasthan and the High Court of Judicature for Rajasthan, be directed not to proceed with the making of the selections for recruitment to the Higher Judicial Service from amongst the advocates. A prayer for quashing the proceedings for the selections which have already been undertaken has also been made.

2. The relevant facts are these—

The petitioner is an Advocate practising at Shri Karanpur, District Ganga-nagar. After passing his LL .B. Examination in the year 1954 he was enrolled as a pleader by the Rajasthan High Court in the year 1954. He was later on enrolled as an advocate of the Rajasthan High Court under the Advocates Act in the year 1962. The Rules came into force on 21-1-59. Rule 8 thereof provides for for two sources of recruitment:

(1) by promotion from amongst the members of the Rajasthan Judicial Service, or

(

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