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2010 Supreme(P&H) 1785

M.M.KUMAR, JASBIR SINGH, SURYA KANT, JITENDRA CHAUHAN, MUKUL MUDGAL
A. K. Ahlawat – Appellant
Versus
State Of Haryana – Respondent


Judgment

Surya Kant, J.

1. By this order we shall dispose of CWPs No.2599 of 1984; 15372 of 1989; 5545 of 1994; 8466 of 1999 and 7076 of 2007 as these cases involve common legal issues for adjudication.

2. A three-Judge Bench of this Court, vide an order dated May 24, 1995, made the following reference for consideration by a larger Bench:-

"The basic point involved in the present writ petition is about the vires of Rule 9 of the Haryana State Prosecution Legal Service (Group A) Rules 1979 as also Rule 9 of the Haryana State Prosecution Legal Service (Group B) Rules, 1979 which provide for filling up of 25 per cent of the vacancies to the posts of District Attorneys and Deputy District Attorneys by direct recruitment. In view of the detailed narration of facts and the law point in the order of reference dated August 5, 1993, is not considered appropriate to repeat the entire factual position. It has been canvassed by the counsel for the petitioners that Rule 9 of 1979 Rules being in sharp contrast to the provisions of Section 24 of the Code of Criminal Procedure is ultra vires. The case was referred to the Full Bench on account of some observations made in the Division Bench judgemen































































































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