R. Banumathi, CJ & R.R. Prasad, J.

Challenging the selection and promotion of respondent Nos.4 to 26 as District and Additional Sessions Judges (as against 65% quota), the petitioners, most of whom are seniors to respondent Nos.4 to 26, have filed this writ petition. The petitioners have also challenged the vires of Rules 4(b) and 5 of the Jharkhand Superior Judicial Service (Recruitment, Appointment and Conditions of Service) Rules, 2001 as unconstitutional and also seek for quashing the Notification Nos. 9853 to 9875 dated 08.10.2013 promoting respondent Nos.4 to 26.

2. Facts in brief which led to the filing of this writ petition are as follows:-

The petitioners and respondent Nos. 4 to 26 are the Civil Judges (Senior Division) in the Judicial Service of the State of Jharkhand. Recruitment, Appointment and Conditions of Service in respect of Jharkhand Higher Judicial Service is governed by Jharkhand Superior Judicial Service (Recruitment, Appointment and Conditions of Service) Rules, 2001, as amended in 2008. The Rules applicable for promotion by way of appointment to the post of Superior Judicial Service interalia provided that 65% shall be filled by promotion among the C