JUDGMENT :

D.N. PATEL, J.

1. This writ petition has been preferred mainly for getting reservation for Scheduled Tribes, Scheduled Castes and Other Backward Classes in the selection process for appointment on the post of District Judge, for which applications have been invited vide Public Advertisement No.1/2017/Apptt.. Full Court of the High Court of Jharkhand has resolved on 29th November, 2018 not to prescribe reservation for the post of District Judges, for which the applications have been invited in pursuance of the Public Advertisement No. No.1/2017/Apptt. because selection process has already been started.

2. The petitioners have mainly prayed for issuance of writ, order or direction upon respondents alleging that non-inclusion of provision of reservation for Scheduled Tribes, Scheduled Castes and Other Backward Classes in the “Jharkhand Superior Judicial Service (Recruitment, Appointment and Conditions of Service) Rule, 2001 for direct appointment to the post of District Judge has made the said Rules ultra vires to Articles 16(4) and 16(4A) of the Constitution of India.

3. It is also prayed in this writ petition that non-inclusion of the provision for reservation for Scheduled Tribes, Scheduled Castes and Other Backward Classes is violative of the reservation policy of the State of Jharkhand and is violative to Letter No. 449/Appointment dated 22nd February, 2001.

4. It is further prayed in this writ petition for issuance of a direction upon Respondents to enact new rules, incorporating the reservations for Scheduled Tribes, Scheduled Castes and Other Backward Classes as per Jharkhand Government Reservation Policy and Resolution No. 3464 dated 3rd October, 2001 issued by the Department of Personnel, Administrative Reforms & Rajbhasha, Government of Jharkhand, Ranchi.

5. It is further prayed in the writ petition for issuance of directions upon respondents to implement the Jharkhand State Reservation policy, which is at Annexure 2 to the memo of the writ petition.

6. It is further prayed in this writ petition to implement the recommendation of the Three Judges’ Committee of this Court. The recommendations were in pursuance of a final meeting dated 9th December, 2013.

And lastly it is prayed that Full Court resolution dated 29th November, 2018 of the Hon’ble High Court of Jharkhand be brought on record. Further, these petitioners are seeking direction upon respondents to extend the benefit of reservation from the date of filing of this writ petition, viz. 4th January, 2017.

Arguments of the Petitioners:-

7. Learned counsel appearing for the petitioners has submitted that as Jharkhand Superior Judicial Service (Recruitment, Appointment and Conditions of Service) Rules, 2001 (Hereinafter to be referred to as “The Rules, 2001” for the sake of brevity) does not prescribe any reservation for appointment on the post of District Judge and hence, it is violative of Jharkhand State Reservation Policy (Annexure 2 to the memo of the writ petition) as well as is violative of Article 16(4) and is also violative of Article 16 (4A) of the Constitution of India. As per new policy of reservation of the State of Jharkhand, there is 50% reservation (For Scheduled Castes-14%, Scheduled Tribes-10%, for Extremely Backward Classes-14%, for Backward Classes 10% and for Women of Backward Classes-2%).

8. It is further submitted by counsel for the petitioners that for the post of Civil Judge (Jr. Div.), there is already a reservation for reserved category up to 50%(For Scheduled Castes-10%, Scheduled Tribes-26%, Extremely Backward Classes-8% and Backward Classes-6%), but, there is no reservation in the Superior Judicial Services under the Rules, 2001, hence, it is violative of Article 16(4), 16(4A) of the Constitution of India and also violative of the reservation policy of the State of Jharkhand.

9. It is further submitted by counsel for the petitioners th