Ashwini Kumar Upadhyay v. Union Of India & ANR

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5854/2016 ASHWINI KUMAR UPADHYAY ..... Petitioner Through Petitioner in person.

versus UNION OF INDIA & ANR ..... Respondents Through Mr.Jasmeet Singh, CGSC and Mr.

Srivats Kaushal, Adv. for UOI.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 11.07.2016 1.

The present petition has been filed by the petitioners with the prayer to initiate All India Judicial Services Examination under the Article 312 in consonance with Article 14 and 16 of the Constitution of India on the ground that creation of All India Judicial Service will be of low cost, having considerable impact for appointment in judicial services. 2.

Learned counsel for the petitioners has also taken us through relevant provision of the Constitution as well as the views taken by the Committee comprising of Justice M.N. Venkatachaliah, Justice J.S. Verma and Justice V.R. Krishna Iyer in relation to All India Judicial Services. Learned counsel has also taken us through the report of Rajya Sabha in relation to Judicial Appointments Commission, 2013.

3.

Mr. Jasmeet Singh, Learned counsel for Union of India appeared on an advance notice and submits that the petitioner has already approached the Ministry of Law and Justice through representation raising similar prayers which is pending consideration.

4.

Having regard to the fact that the petitioner has made a detailed representation and it is yet to be considered by the Ministry of Law and Justice, we are not inclined to entertain the present petition. Accordingly, the writ petition is disposed of leaving it open to the Ministry of Law and Justice/Respondent No.1 to consider the petitioner's representation and take an appropriate decision in accordance with law. CHIEF JUSTICE SANGITA DHINGRA SEHGAL, J JULY 11, 2016 mr