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 Civil Judge Senior Division (Sub-Judges) on the basis of merit-cum-seniority and subject to passing of suitability test as may from time to time be prescribed by the High Court. 10% shall be filled strictly on the basis of merit through Limited Competitive Examination of Civil Judge (Senior Division) having not less than five years of service and also having due regard to service records in the past. Remaining 25% shall be filled in by direct recruitment from the Bar on the basis of written test and viva voce conducted by the High Court.

3. The Jharkhand High Court issued a notification No. 102/A dated 22.03.2012 (Annexure-3) notifying 64 vacancies in the post of District and Additional Sessions Judge which are to be filled up by way of promotion from Civil Judge (Senior Division) on the basis of merit-cum-seniority (as against 65% quota) under the amended Rules 4(b) and 5(i) and (iv) of Jharkhand Superior Judicial Service (Recruitment, Appointment and Conditions of Service) Rules, 2001 (for short the ‘Rules’). Vide Reference No. 8383/Apptt. dated 19.06.2012 (Annexure-4), Jharkhand High Court published the list of 93 Civil Judges (Senior Division) eligible for consideration of promotion to the post of District and Additional Sessions Judge. Altogether 93 candidates appeared in interview conducted on 22nd, 23rd and 24th of June, 2012. As per Rule 5(iv), the suitability test as provided in Clause (i) of Rule 5 shall consist of interview comprising 50 marks and suitability on the basis of service profile of last ten years comprising 50 marks. The Selection Committee conducted the interview and recommended the name of 53 candidates who have passed their suitability test. The writ petitioners did not pass the suitability test. The Jharkhand High Court, in its administrative side, took decision to give promotion to 28 officers and recommended their names vide letter No. 9593/Apptt. dated 17.07.2012 (Annexure-5) and the same was forwarded to the State Government. On the basis of recommendation of the Jharkhand High Court, State of Jharkhand promoted 28 Civil Judges (Senior Division) to the post of District and Additional Sessions Judge and accordingly, those 28 officers have already been promoted and posted as District and Additional Sessions Judge in different courts since October, 2012. In respect of others (i.e. respondent Nos.4 to 26), who have passed the suitability test, the High Court resolved that the same shall be considered in due course.

4. Thereafter in the administrative side, the High Court of Jharkhand took decision and recommended names of 23 officers (respondent Nos. 4 to 26) for promotion to the post of District and Additional Sessions Judge vide impugned letter No. 9353/Apptt. dated 06.09.2013 (Annexure-6) and the same was forwarded to the