Dr. D.Y. Chandrachud, J.

The reference to the Full Bench and the Petitions:

The reference to the Full Bench has been made on 16 June 2011 by a Division Bench of this Court. The petition under Article 226 of the Constitution, Sunanda w/o Bhimrao Chaware & Ors. vs. The High Court of Judicature at Bombay, W.P. 1916 of 2011 (Original Writ Petition 1537 of 2011 transferred from Aurangabad Bench)out of which the reference arises, has been instituted by six Assistant Public Prosecutors, who are on full time salaried employment with the Government of Maharashtra. They assert that they are eligible to be appointed as District Judges under Article 233(2) of the Constitution.

2. The Petitioners were appointed as Assistant Public Prosecutors on diverse dates between 26 February 2002 and 23 March 2009. The High Court of Judicature at Bombay issued an advertisement by which applications were invited from eligible candidates for seventeen vacancies in the post of District Judges in the judicial service of the State of Maharashtra in the pay scale of Rs.51550-1230-58930-1380-63070 + dearness allowance and other allowances as admissible under the Rules. The criteria of eligibility among ot