S.K. Phaujdar, J.

1. On his own behalf and on behalf of Binod Kumar Roy, J.-The above mentioned 11 writ petitions relate to the selection of candidates for recruitment in the U. P. Higher Judicial Service (for short called as 'H.J.S.'). The different petitioners made different prayers in their writ petitions and the prayers cover issuance of mandamus upon the respondents to fill up all existing vacancies in the quota of direct recruit, for a declaration that certain amendments in the U. P. Higher Judicial Service Rules (for short called as the 'Rules') were ultra vires and for quashing a resolution of the Full Court of the Allahabad High Court as regards appointment of direct recruits and promotion of persons belonging to the U. P. Nayik Sewa (for short called as the 'Nayik Sewa'). In some cases, prayers were made to command the respondents to carve out a fresh select list in view of the direction of the Supreme Court in the case of O.P. Garg and others, Vs. State U.P. and others, (1991) 2 SCC 51 Supp. Most of the petitioners desired that as the number of vacancies for direct recruitment was more than what was shown, they should be appointed as they had taken the examinations for such recruitment and had come out successfully, although they were placed below the six nominated for appointment. In one of the writ petitions, the petitioner, Vinod Kumar Verma required implementation of D.O. Letter No. C-39/PA/AR/LKO 1994, dated 5.3.1994 and to declare him selected for appointment in the H.J.S.

2. All the aforesaid writ petitions were heard together as common points of fact and law arose in these matters. The facts behind these petitions relate to alleged anomalies in the process of recruitment to the H.J.S. In the context of these facts certain provisions of the Rules were also sought to be challenged. Under the provisions of the Constitution of India, the power of appointment to the H.J.S. lies with the Governor on recommendation by the High Court and the Rules covering such appointment are contained in the Rules, 1975, as amended from time to time. The sources of recruitment are (1) promotion from members of the Nyayik Sewa, (2) promotion from the cadre of Judicial Magistrates, and (3) direct recruitment from the Bar.

3. An advertisement was published concerning 1990 appointment to the H.J.S. by direct recruitment from amongst the members of the Bar. It was issued under the signature of the then Registrar of the High Court, Sri Bhanwar Singh. on March 30, 1992. It was indicated that a competitive examination is likely to be held sometime in September. 1992 and the total number of vacancies for such appointment was six. Reservation for the candidates of the Scheduled Castes and Scheduled Tribes and others were to be made in accordance with the Government Orders concerning reservation from time to time. The advertisement also Indicated that there could be variation in the number of vacancies without prior notice. The petitioners responded to this advertisement and were successful in the written test. They were called for interview. However, they could not compete within the number of vacancies notified and were, therefore, not selected for appointment, which is apparent from the report dated 2.11.1995 of the Selection Committee as reproduced below :

"Report of the Selection Committee regarding 1990 recruitment of the U. P. Higher Judicial Service by way of Direct Recruitment and by way of promotion.

This Selection Committee was constituted for 1990 recruitment to the U. P. Higher Judicial Service for selection both through direct recruitment and by way of promotion from the U. P. Nyayik Sewa under the U. P. Higher Judicial Service Rules. 1975.

1.	Direct Recruitment	15%
2.	U. P. Nyayik Sewa	70% of the vacancies
3.	U.P. Judicial Officers (Dying Cadre)	15%