A.K. Patnaik, C.J.

1. The question which arises for decision in this writ petition is whether a Public Prosecutor or Assistant Public Prosecutor who has been an Advocate for not less than seven years is eligible for appointment by direct recruitment to the posts of District Judges (Entry Level) in the M.P. Higher Judicial Service.

2. The relevant facts briefly are that the High Court of Madhya Pradesh issued an advertisement inviting applications for recruitment to twenty posts of District Judges (Entry Level) in the Cadre of Higher Judicial Service by direct recruitment from the Bar. The advertisement stipulated, inter alia, that to be eligible for appointment to the post of District Judge (Entry Level) in the Higher Judicial Service by direct recruitment, the candidate must have practiced as an Advocate or Pleader for not less than seven years as on the 1st day of January, 2006. In response to the advertisement, the petitioner who was enrolled as an Advocate in the State Bar Council of Madhya Pradesh on 10-3-1992 and had practiced at Dewas as an Advocate till 12-8-2004 and then joined as Assistant Public Prosecutor at Dewas on 13-8-2004 and had continued as Assistant Public Pr