K K PARMAR Vs. HIGH COURT OF GUJARAT

JUDGEMENT

(1.) The petitioners in these two Special Civil Application are employees of the High Court of Gujarat in the cadre of Assistants. By way of these Special Civil Application under Art. 226 of the Constitution of India, they have challenged the promotion of respondent Nos. 2 to 15 on the post of Section Officers. Both the Special Civil Application rest on similar facts, raise common question of law, except in Special Civil Application No. 351 of 1998, wherein the validity of Rule 47(2) of the High Court of Gujarat (Recruitment and Condition of Services of Staff) Rules, 1992 (hereinafter referred to as the 'Rules of 1992), is also challenged, are heard together and disposed of by the common order.

(2.) The Hon'ble the Chief Justice of the Gujarat High Court, in exercise of powers conferred by Art. 229 of the Constitution and all enabling provisions, framed the Rules governing the service conditions of all the members of the High Court Staff known as High Court of Gujarat (Recruitment and Condition of Services of Staff) Rules, .1992. The said Rules repealed the earlier Rules of 1964. Rule 4 of Rules of 1992, categorises staff of the High Court in four classes. Higher posts of Registrar General down upto Assistant Registrar is placed in the category of Class I Officers. Category of Class II Gazetted Officers consist of Section Officers, Private Secretaries to Hon'ble Judges etc. Class III, Non-Gazetted posts consists of Stenographer Grade II, Junior Clerk, Driver etc. Class IV consists of Jamadar, Peon etc. Rule 47 provides for promotion on different posts. Promotion on the post of "Section Officer" is effected from the post of Assistants and Translators strictly on merit and on the basis of record performance. Essential eligibility for promotion is passing prescribed Departmental Examination and five years' experience on the post of Assistant or Translator.

(3.) . In July, 1997, the Registrar commenced the process of promotion for the post of Section Officers. The vacancies were determined in accordance with the Government Resolution of General Administration Department dated 27-1-1978, as follows : <FRM>JUDGEMENT_205_GLR1_1999Html1.htm</FRM> A list of 113 Assistants qualified to appear at the promotion test of Section Officers was prepared. Out of 113 persons, 16 persons were found not eligible as they had not passed the prescribed Departmental examination. Six persons were relieved to join as Civil Judge (J.D.) or they were working as Private Secretaries (English Stenographer-Grade I) Class II on the establishment of the High Court. Thus, 91 Assistants were available who had passed the requisite Departmental examination and had completed 5 years' service. As per the Government Resolution dated 29-3-1982, the zone of consideration could be extended upto three times the number of vacancies. Thus, as per the said Government Resolution, only 75 Assistants could be considered for being called for the written and oral test. However, by the order of the then Acting Chief Justice, the zone of consideration was extended from 75 to 91. A decision was also taken that the selection be made as per the past practice, i.e., holding written test followed by oral interviews. The criteria adopted for the selection on the earlier occasion was that the Assistants who had secured 40% marks in the aggregate out of 80 marks of which 60 marks were assigned to written test and 20 marks to oral interviews, were considered eligible for selection. Accordingly, the Registrar of the High Court issued notice dated 16-7-1997 informing the staff members that the written test for the selection for the post of Section Officers will be held on 9-8-1997. 'It was further notified that all eligible candidates shall be called for written test. By another Notification dated 16-7-1997, it was clarified that written test paper for the selection for the post of Section Officer may be on the pattern of last examination paper or may be objective type or both. The staff members were advised to collect copy of the last years' examination papers from the Registry if they so desire. The written test was held on 27/09/1997. 53 candidates who secured 12 or more marks out of 60 in the written test were called for oral interview before the Selection Committee constituted by the then Hon'ble Acting Chief Justice, consisting of two Hon'ble Judges of this Court. Out of 53 candidates, only 14 candidates could secure 40% marks, i.e., 32 out of 80 marks. The said 14 candidates, placed in the select list, have been appointed as Section Officers by the impugned order dated 31-1-1998.