ABHAY JAIN vs HIGH COURT OF JUDICATURE FOR RAJASTHAN

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 229

UDAY UMESH LALIT, VINEET SARAN
ABHAY JAIN – Appellant
Versus
HIGH COURT OF JUDICATURE FOR RAJASTHAN – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Nikhil Singhvi, Adv. Ms. Supriya Juneja, AOR Mr. Mohit Seth, Adv. Mr. Obhirup Ghosh, Adv.
For the Respondent(s):Mr. K Parameshwar, AOR Ms. A Sregurupriya, Adv Mr. Prasad Hegde, Adv Dr. Manish Singhvi, Senior Advocate Mr. Arpit Parkash, Advocate Mr. Sandeep Kumar Jha, AOR

JUDGMENT

Vineet Saran, J.

Leave Granted

2. The appellant, who joined as a judicial officer in 2013, having been discharged from service in the year 2016, filed a Writ Petition in the Rajasthan High Court, which was dismissed by the impugned judgment dated 21.10.2019 passed by a Division Bench of the High Court. Aggrieved by the same, this appeal has been filed by way of this Special Leave Petition.

3. Brief facts relevant for the purpose of the present case are that a notification inviting applications for District Judge Examination, 2013 was issued on 19.07.2011. The selection was to be made from amongst the candidates of Advocates’ Quota under the Rajasthan Judicial Services Rules, 2010 (for short ‘RJS Rules’). In the said examination, the result of which was declared on 25.05.2013, the appellant stood first. On 15.07.2013, the appellant was appointed to the post of Additional District Judge under Rule 43 of the RJS Rules read with Article 233(1) of the Constitution of India and as per the Rule 44 of RJS Rules, the appellant was to be on probation for a period of 2 years. By an order dated 16.07.2013, the appellant was posted as an Additional District & Sessions Judge No.2, Bharatpur