HOTCHAND PARMANAND MOTIRAMANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The decision to appoint respondent No. 4 herein as Registrar/ Additional Registrar on the establishment of the City Civil Court at Ahmedabad (the Registrar/Additional Registrar for convenience) is under challenge in this petition under Art. 226 of the Constitution of India. The petitioner has also laid his claim on the post of Registrar/Additional Registrar and prayed for his promotion/ nomination as such thereto.

(2.) The facts giving rise to this petition are not many and not much in dispute. Respondent No. 4 joined the services in the District Court of Ahmedabad in 1960 as a Section Writer. On establishment of the City Civil Court under the Ahmedabad City Courts Act, 1961 (the Act for brief), he was taken on its establishment. He became a Superintendent in 1979 by promotion. He was promoted as a Deputy Registrar on and from 15th March 1993. At that point of time, one Shri N. I. Husseini was holding the post of Registrar. On retirement of Shri Husseini, from 1st November 1993 respondent No. 4 was handed over the charge of the Registrar's post. He has been working as a Deputy Registrar and has been holding the charge of the post of Registrar since then. It appears that respondent No. 2 decided to appoint respondent No. 4 as Registrar/Additional Registrar. The petitioner considered himself to be eligible for the post of Registrar and he claims to have better and superior claims over respondent No. 4 for the said post. He has, therefore, approached this Court by means of this petition under Art. 226 of the Constitution of India for questioning the correctness of the decision to appoint respondent No. 4 as Registrar/Additional Registrar.

(3.) It may not be out of place to mention at this stage that the petitioner was directly appointed as a Stenographer Grade I (popularly known as Personal Assistant at the relevant time) on the establishment of the City Civil and Sessions Court at Ahmedabad (Stenographer for convenience) on and from 16th July 1966. He came to be confirmed in that post in due course of time. While working as such, he passed his LL.B (Special) Examination in 1972. He was put in the Selection Grade after putting in service for about 13 years. He also passed the Intermediate Examination of Company Secretaries of India in 1977. On the date of this petition, he is stated to have put in service of nearly 27 years. According to him, respondent No. 4 is not eligible for appointment as Registrar/Additional Registrar. It is the case of the petitioner that he is eligible for that post.