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1975 Supreme(MP) 32

P.K.TARE, M.L.MALIK
ANANT KUMAR POLEKAR – Appellant
Versus
STATE OF M P – Respondent


Advocates Appeared:
R.K.Samaiya, V.D.Gyani, Y.S.Dharmadhikari,

JUDGMENT :

( 1. ) THIS is a petition under Articles 226 and 227 of the Constitution of India, praying for a writ of mandamus directing the State of Madhya Pradesh to appoint the petitioner to the post of civil Judge, Class II, in the M. P. State Judicial Service and a writ of quo warranto quashing the appointment of respondents 4 to 14 as civil Judges as also a writ of mandamus about giving the petitioner his seniority in the merit list.

( 2. ) BY a notion, dated 3-4-1970 (Petitioners Annexure A), the Public Service Commission invited applications for the posts of twenty-five civil Judges or more. In the notification it was stated that selection would be made in accordance with Madhya Pradesh State Judicial Service (Classification, Recruitment and Conditions of Service) Rules, 1955. Accordingly, the Public service Commission held interviews and prepared a list in order of merit (Petitioners Annexure B, dated 2-9-1971 ). It was decided by the State Government that as per the requirements specified by the High Court, seventy four appointments to the posts of civil Judges would be made. The Public Service Commission had prepared the list in order of merit. Candidates Nos. 1 to 50, who



























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