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High Court Of ChhattisgarhWPS/5886/2018dismissed

Umesh Kumar Upadhyay v. State Of Chhattisgarh

2019-06-26Hon'Ble The Chief Justice,Hon'Ble Shri Justice Sanjay K. Agrawal3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5883 of 2018 Manish Kumar Dubey S/o Shri K.P. Dubey, aged about 41 years, Civil Judge Class - I, posted at Bilha, Distt. Bilaspur, Chhattisgarh. ----Petitioner

Versus

1. State of Chhattisgarh, Through the Secretary to the Government of Chhattisgarh, Department of Law and Legislative Mantralaya : Mahanadi Bhawan, Naya Raipur : PS- Rakhi, Raipur, Chhattisgarh.

2. High Court of Chhattisgarh, Through the Registrar General, High Court of Chhattisgarh Bodri, Bilaspur, Distt. Bilaspur, Chhattisgarh. ---Respondents WPS No. 5886 of 2018 Umesh Kumar Upadhyay, S/o Shri Ramesh Kumar Upadhyay, Aged about 37 years, Senior Civil Judge, posted at : Secretary, District Legal Service Authority, Raipur, Distt. Raipur, Chhattisgarh. ----Petitioner

Versus

1. State of Chhattisgarh, Through the Secretary to the Government of Chhattisgarh, Department of Law and Legislative Mantralaya : Mahanadi Bhawan, Naya Raipur : PS- Rakhi, Raipur, Chhattisgarh.

2. High Court of Chhattisgarh, Through the Registrar General, High Court of Chhattisgarh Bodri, Bilaspur, Distt. Bilaspur, Chhattisgarh. ---Respondents WPS No. 5882 of 2018 Janardan Khare, S/o Shri G.R. Khare, aged about 37 years, Civil Judge Class-I, posted at : Law Officer, Human Rights Commission, Raipur, Distt. Raipur, Chhattisgarh.

----Petitioner

Versus

1. State of Chhattisgarh, Through the Secretary to the Government of Chhattisgarh, Department of Law and Legislative Mantralaya : Mahanadi Bhawan, Naya Raipur : PS- Rakhi, Raipur, Chhattisgarh.

2. High Court of Chhattisgarh, Through the Registrar General, High Court of Chhattisgarh Bodri, Bilaspur, Distt. Bilaspur, Chhattisgarh. ---Respondents

For Petitioners :

Mr. Anurag Dayal Shrivastava, Advocate For Respondents :

Mr. R.S. Marhas, Advocate For State :

Mr. Siddharth Dubey, Deputy Government Advocate Hon'ble Shri P.R. Ramachandra Menon, Chief Justice Hon'ble Shri Justice Sanjay K. Agrawal Order On Board Per, P.R. Ramachandra Menon, Chief Justice 26.06.2019

1. The prayers of the petitioners in all the three writ petitions are in the following terms :-

(1) quashing the provision of Rule 5 (1) (c) read with Rule 7 (I) (c) of Rules 2006 to the extent by which it provide the way for the direct recruitment on the post of District Judge (Entry Level) 'only to the Advocate who has been practice of seven years'.

(2) quashing the eligibility as prescribed in clause "Two (a) (iv)" in the advertisement dated 13/08/2018 issued for Direct Recruitment for District Judge (Entry Level) Examination 2018.

(3) direct the Respondent to suitably amend the Rules 2006 as to provide the way to the Judicial Officer for consideration of their candidature for the post of District Judge (Entry Level) through direct recruitment.

(4) direct the Respondent to consider the candidature of the Petitioner for the post of District Judge (Entry Level) as advertise through advertisement dated 13/08/2018.

2. When the matters are taken up for consideration, learned counsel for the petitioners seeks permission of this Court to withdraw these writ petitions.

3. Accordingly, all the three writ petitions stand dismissed as withdrawn.

Sd/- Sd/- (P.R. Ramachandra Menon) (Sanjay K. Agrawal) Chief Justice Judge Harneet