RAM TIRATH Vs. STATE OF U.P.

JUDGEMENT

(1.) Writ-A No. 27362 of 2017 (hereinafter referred to as 'WP-1') has been filed by seven petitioners, namely, Ram Tirath, Shailendra Kumar Awasthi, Subhash Chandra Shukla, Ravindra Singh, Sumit Kumar, Manoj Kumar Jaiswal and Raman Singh challenging validity of Schedule B Column 2 at Serial No. 5 relating to recruitment on the post of Junior Assistant/Copyist (Group-C post) of U.P. State District Court Service Rules, 2013 (hereinafter referred to as 'Rules, 2013') as ultra vires, being violative of Articles 14 and 16 of the Constitution of India. Petitioners have also prayed for issue of writ of certiorari to quash order dated 27.05.2017 (Annexure-4 to the writ petition) issued by District Judge, Kannauj in compliance of Administrative Committee's resolution dated 16.11.2016, communicated by Court's letter dated 19.05.2017, reverting petitioners to Group D cadre from Group C.

(2.) Facts, in brief, as pleaded in WP-1 are that petitioners were appointed in Group D cadre in Judgeship Kannauj on 10.03.2005, 27.07.2005, 02.07.2002, 21.08.2003, 17.09.2005, 04.11.2004 and 04.11.2004 respectively. Earlier recruitment on the posts in ministerial cadre in Subordinate Courts in State of U.P. was governed by the provisions made in U.P. Subordinate Civil Courts Ministerial Establishment Rules, 1947 (hereinafter referred to as 'Rules, 1947'). Similarly, recruitment and appointments to the posts in Group D Inferior services were governed by U.P. Subordinate Civil Courts Inferior Establishment Rules, 1955 (hereinafter referred to as Rules, 1955). In supersession of aforesaid Rules and some others, a comprehensive set of Rules regulating recruitment and other conditions of service of various Group D and Group C posts in District Judgeships were made, i.e., Rules, 2013 published in U.P. Gazette (Extraordinary) dated 04.07.2013 and by virtue of Rule 1, it came into force from the date of publication in official gazette.

(3.) The posts, which were brought within the purview of Rules, 2013 are given by designations in Column 2 of Schedule A read with Rule 3 (2) of Rules, 2013. By virtue of Rule 3 (3) read with Schedule B Column 2, designations and categories of posts have been revised from the date of commencement of Rules, 2013 i.e. 04.07.2013. Chapter III deals with recruitment and contains Rules 4 to 18. Method of recruitment and qualification etc. are governed by Rule 4 read with Schedule B Columns 3 and 4 and procedure for appointment is provided in Rule 5. Both the Rules are reproduced as under:-