JUDGMENT :

[Sanjay Kumar Dwivedi, J.]

1. Heard Mr. Rajendra Krishna, the learned counsel appearing on behalf of the petitioners, Mr. Sudarshan Shrivastava, the learned counsel appearing on behalf of respondent No.1 [High Court of Jharkhand] and Mr. Ashok Kumar, the learned A.A.G.-IV appearing on behalf of the respondent-State.

2. This petition has been filed for quashing the entire Notification contained in Memo No.4253 dated 30.05.2019 by which the private-respondent nos.5 to 55 have been appointed on promotion in Jharkhand Superior Judicial Service on the post of District Judge. The further prayer is made for direction upon the respondents to provide all consequential benefits after granting promotion to the petitioners on the post of District Judge in Jharkhand Superior Judicial Services with effect from 30.05.2019.

FACTS OF THE CASE:

3. The petitioner no.1 was appointed as Munsif [Civil Judge (Junior Division)] and he was promoted on 23.07.2014 in the cadre of Civil Judge (Senior Division) and joined thereon on 16.08.2014. The petitioner nos.2 and 3 were also appointed as Civil Judge (Junior Division) and they were promoted in the cadre of Civil Judge (Senior Division) on 20.04.2016 and joined thereon on 23.04.2016 and 09.05.2016, respectively.

4. In the Combined Seniority List of Judicial Officers in the State of Jharkhand the name of petitioner no.1 was reflected at Sl.No.141, the name of petitioner No.2 was reflected at Sl.No.195 and the name of petitioner No.3 was reflected at Sl.No.204, respectively in the said Seniority List. In the year 2018, the Jharkhand High Court came out with the notification contained in Memo No.2371 dated 19.05.2018 for appointment in Jharkhand Superior Judicial Services. Vide Notification dated 01.03.2019 under the signature of Registrar General, the High Court of Jharkhand, it has been informed to all concerned that an Interview for promotion to the post of District Judge in the Jharkhand Superior Judicial Services under Rule 4(b) of Jharkhand Superior Judicial Services Rules, 2001 is scheduled to be held on 09.03.2019, 10.03.2019 and 15.03.2019, respectively in the premises of Jharkhand High Court. The names of the candidates who were required to appear in the Interview was reflected in the Notification No.881 dated 01.03.2019. The name of petitioner no.1 figures at Sl.No.3, the petitioner no.2 at Sl.No.39 and the petitioner no.3 at Sl.No.48, respectively. Petitioner no.1 appeared in the Interview for his promotion to the post of District Judge on 09.03.2019 and petitioner nos.2 and 3 appeared in the Interview on 10.03.2019. By Notification vide Memo. No.1629/Apptt. Dated 01.05.2019 issued under the signature of Registrar General, Jharkhand High Court, list of 51 successful candidates were published who have been recommended for their appointment on promotion as District Judge and for the inclusion in the cadre of Superior Judicial Services in terms of Rule 4(b) of Jharkhand Superior Judicial Services (Recruitment, Appointment and Condition of Services) Rule, 2001 which has been sent to the Secretary, Personnel, Administrative Reforms and Rajbhasha Department, Government of Jharkhand, Ranchi. The Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand had issued Notification vide Memo No.4253 dated 30.05.2019 whereby respondent Nos.5 to 55 have been appointed by way of promotion to the post of District Judge, Cadre in the Jharkhand Superior Judicial Services. The petitioners’ names were not figured in the recommended list. Aggrieved with this, the petitioners have filed this petition.

ARGUMENT ON BEHALF OF THE PETITIONERS

5. Mr. Rajendra Krishna, the learned counsel appearing on behalf of the petitioners submitted that the selected recommended candidates are junior to the petitioner no.1 which is evident from the Notification No.881 dated 01.03.2019. He further