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2007 Supreme(All) 1787

ANJANI KUMAR, SUDHIR AGARWAL
SANJAY AGARWAL, ETC. ETC – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Shashi Nandan, Pramod Kumar Sinha, R.P. Tiwari and Shailendra for the Petitioners; K.R. Sirohi, Amit Sthelkar, Rajeev Gupta for the Respondents.

JUDGMENT

By the Court.—All these writ petitions arise out of advertisement dated 31.3.2007 published by Registrar General, Allahabad High Court for direct recruitment in U.P. Higher Judicial Service 2007. Since pleadings in most of these cases have been exchanged, as requested by learned Counsel for the parties, the writ petitions have been heard at the stage of admission under the Rules of the Court and are being finally decided by this common judgment.

2. In this bunch of writ petitions, there are two sets of cases. The first set of the writ petitions assail the validity of Rule 5(a) (old) and now 5(c), and Rule 12 of U.P. Higher Judicial Service Rules, 1975 (hereinafter referred to as "1975 Rules") while the other set of cases have been filed by persons who are presently working as Assistant Public Prosecutors/Assistant Prosecuting Officers (for short "APP/APOs"), seeking a writ of mandamus directing the respondents to allow them to appear in the aforesaid selection.

3. Before coming to the rival submissions, it would be appropriate to have a bird eye view of the brief facts in various writ petitions.

Ist Set of Petitions

Writ Petition No. 20016 of 2007 (which is treated as leadi























































































































































































































































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