ASHOK PAL SINGH AND ORS. v. U.P. JUDICIAL SERVICES ASSOCIATION AND ORS.

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A Committee in its Report and it should not be assumed that the figures given by the sub-committee have been accepted by us to be correct. In fact the figures may have to be re-worked with reference to the other directions of the High Court which have been upheld by us. Be that as it may.

B Conclusion

30. The 1975 Rules are vague and complicated. The four rounds of litigation are the result of absence of clear and simple Rules. The High Court administration had the difficult task of C harmonizing the Rules, the directions of this Court in O.P. Garg and the directions of this court in Srikant Tripathi. The High Court Sub-Committee apparently made a sincere effort to implement the Rules and the directions. Unless the exercise by the High Court through its Sub-Committee (approved by the Full D Court of the High Court), is arbitrary or is in non-compliance with any specific direction of this Court, it will not be open to question. Be that as it may.

31. In view of our aforesaid findings, we allow these appeals in part as follows :

(i) Direction Nos. (1) and (2) in para 55 of the impugned order dated 25.8.2004 are set aside;

(ii) Direction No.(3) in para 55 of the impugned order dated 25.8.2004 is restricted to reiteration of direction No.3 issued in Srikant Tripathi (2001 (10) sec 237); and (iii) Direction Nos. (4), (5) and (6) in the impugned order dated 25.8.2004 are upheld. G (iv) The consequential exercise directed by the High Court should be restricted to the directions which have been upheld.

H (v) None of the appointments already made to the

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SERVICES ASSOCIATION [R.V. RAVEENDRAN, J.]

Higher Judicial Service, whether by direct A recruitment or by promotion, shall be annulled, but shall be continued, even if the appointment is found to be in excess of the quota, subject to the condition that the seniority of such excess appointee, will be reckoned from the date on which, he becomes 8 entitled to be adjusted at the subsequent recruitment/s. Any elevation to the High Court on the basis of seniority already given shall also not be affected.

We request the High Court to give a quietus to the long- c drawn dispute, by giving effect to direction nos.(4) to (6) of the impugned order and direction no.(3) in Srikant Tripathi, without any delay.

All pending applications stand disposed 1 of. '

8.8.8. Appeal partly allowed.