SHRI RAM KISHORE GUPTA vs THE STATE OF UTTAR PRADESH .

The Supreme Court held that the Uttar Pradesh Higher Judicial Service Rules, 1975, allow for the consideration of both permanent and temporary vacancies when determining the quota for direct recruitment. The Court quashed the High Court's order limiting direct recruits to 15% of permanent posts, affirming that the total strength includes temporary positions. The judgment reiterated the need for a merit list for candidates and clarified that appointments should be made from all sources in accordance with the established quota, thus ensuring a fair recruitment process.