C PURUSHOTHAMAN Vs. REGISTRAR HIGH COURT MADRAS

JUDGEMENT

(1.) THOUGH the relevant recruitment rule clearly prescribes graduation as the minimum qualification for appointment to the posts of Court Officers, Section Officers and Appeal Examiners, which are in Category-3 of Division-II of the Madras High Court Service Rules, the petitioners, who are non-graduates and who are in the feeder category of Assistant Section Officers, claim a right to be promoted to the higher posts on the ground that such promotions were allowed to be made in the past by relaxing the prescribed qualification, and also on the ground that their names had been included in the panel of persons suitable for promotion to the post of Court Officers, which panel had been prepared on 21.08.1998. The fact that the validity period of that panel was one year is not in dispute. It is also the case of the petitioners that though the Government had sanctioned 20 more posts in the category of court officers, such posts had remained vacant when the period of validity of the panel ended and it is their case that they ought to have been appointed to those posts before the validity of the panel expired.

(2.) EVEN before the coming into force of the Constitution of India, the Chief Justice had, in 1948; in exercise of powers conferred under Article 242 of the Government of India Act, 1935 read with S. 241 Sub-section 2 of diat Act, with the approval of the Governor of Madras so far as the Rules relating to salaries, allowances, leave and pensions, framed the Madras High Court Service Rules. Rule-6 of the Rules deals with the qualifications to be possessed by the persons appointed to the service. Rule 6 (a) deals with the eligibility for appointment to service by direct recruitment Rule 6(c) prescribes the qualification required to be possessed for the appointment to the service in Division II. That rule states that No person shall be eligible for appointm ent to the service in Division II: " (1) In categories 11 and 12 unless he possesses the minimum general educational qualification that may be prescribed by his Excellency the Governor of Madras from time to time for admission into the Madras subordinate Services or such other qualification as may be considered by the Chief Justice to be equivalent to such said qualification; (2) In the other categories unless he holds the BA., or the B.Sc. Degree of a University in the Indian Union." The posts of Appeal Examiners, Bench Clerks and Court fee Examiners are mentioned in category 6(a). The post of Bench Clerks, original side is mentioned in category 6(c).

(3.) IN view of the submission made by the learned counsel for the petitioners that number of persons, who were non-graduates, had been promoted to the post of Court officers, notwithstanding Rule 6(c), we directed the counsel for the respondent to place before the Court, data concerning the number of graduates and non-graduates promoted to the post of Court Officers. We have been informed by counsel that though 162 posts of Court Officers are sanctioned, only 157 have been filed. As of now 128 of the Court Officers in service are graduates and 29 are non-graduates. The number of posts in feeder category of Assistant Section Officers is 257, of which 224 posts are filled, of the 224 Assistant Section Officers, 38 are non-graduates.