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september 2008

Supreme Court of India · 2008-09-04

V.K.Srivastava & Ors vs Govt.Of U.P.& Anr

Court
Supreme Court of India
Petitioner
V.K.Srivastava & Ors
Respondent
Govt.Of U.P.& Anr
Author
Chief Justice
Bench
J.M. Panchal, P. Sathasivam, K.G. Balakrishnan

Judgment text excerpt

The Supreme Court permitted the withdrawal of W.P.(C) No.36/2008 without prejudice to the petitioners' rights to seek other remedies regarding seniority. The Court reiterated its earlier decision in All India Judges' Association & Ors. Vs. Union of India & Ors., (2002) 4 SCC 247, emphasizing the need for a streamlined promotion process to the Higher Judicial Service based on merit and seniority, and directed that 25% of vacancies be filled through a competitive examination while maintaining a 75% promotion ratio. The Court mandated that High Courts devise tests to assess candidates' legal knowledge and efficiency for promotions.

V.K.Srivastava & Ors vs Govt.Of U.P.& Anr · Niyam