SC Dismisses Plea Challenging Rule 18 Of UP Higher Judicial Services Rules, 1975

By Legal Wires 3 Minutes Read

The Supreme Court dismissed a Special Leave Petition which was set upon Allahabad High Court’s Order of dismissing the PIL which had challenged Rule 18 of the UP Higher Judicial Services Rules, 1975 on the ground that it prescribed only one minimum qualification i.e. 45% aggregate for all categories of candidates of General, SC/ST etc, and thereafter defeated the entire purpose of reservation.

Samvidhan Bachao Trust and Anr v. State of UP and Anr.

The Bench of Justice DY Chandrachud, Justice Vikram Nath and Justice Hima Kohli remarked,
“Let someone else challenge it. Not at your behest. Dismissed.”

The plea challenged the advertisement dated 18 January 2020, for direct recruitment to Uttar Pradesh Higher Judicial Service, 2020 and seeking directions to amend the Uttar Pradesh Higher Judicial Services Rules, 1975 in accordance with recommendations of Justice Shetty Commission on rules for recruitment to Higher Judicial Services.

The petition filed by Samvidhan Bachao Trust stated that the recommendations of the Justice Shetty Commission, Rule 18 of the 1975 Rules were manifestly arbitrary and unreasonable being ultra vires of Articles 14, 15, 16 and 335 of the Constitution, as it did not prescribe for lower minimum qualification for the reserved category candidates.

The petition contended that the High Court erroneously treated the petitioner’s case to be a service matter challenging the appointment of an officer instead of PIL. It stated that the High Court had made an error in relying upon judgments passed by the Top Court in Central Electricity Supply Utility of Odisha v. Dhobei Sahoo and Ors and Hari Bansh Lal v. Sahodar Prasad Mahto & Ors.

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