In the High Court of Punjab and Haryana at Chandigarh C.W.P.No. 14739 of 2011 Date of Decision: September 07, 2011 Naresh Kumar ---Petitioner versus Punjab and Haryana High Court, Chandigarh and others ---Respondents Coram: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MR. JUSTICE GURDEV SINGH *** Present: Mr. S.S.Hira, Advocate, for the petitioner *** 1. To be referred to the Reporter or not? 2. Whether the judgment should be reported in the Digest? M.M.Kumar, J. 1. The petitioner is working as Assistant District Attorney in the State of Haryana. He has approached this Court for issuance of direction to the respondents to consider his candidature for appointment to the post of Haryana Superior Judicial Services (Direct Recruitment) 2011. 2. We have confronted the learned counsel for the petitioner with the provisions of Article 233(2) of the Constitution to apprise him that there is a clear bar on appointment to the post of Superior Judicial Service on the employees, who are in the service of Union or the State. In fact, they are not even eligible to be considered. The matter has been considered at length by a C.W.P.No. 14739 of 2011 -2- Division Bench of this Court in the case of Keshav Kaushik v. State of Haryana 2010(2) RSJ 744 in which it was opined that an Assistant District Attorney being a full time Government employee would be hit by the bars created by Article 233(2) of the Constitution. Therefore, the instant writ petition does not merit admission. At this stage, learned counsel for the petitioners requests for withdrawal of the petition. Ordered accordingly. (M.M.KUMAR) JUDGE (GURDEV SINGH) JUDGE September 07, 2011 PARAMJIT