BADAR DURREZ AHMED,J - (1.) THIS writ petition has been filed on behalf of the Readers Grade- I/Senior Assistants, Readers Grade-II/Assistants, Readers Grade- III/U.D.Cs. and Ahlmads/Assistant Ahlmads/L.D.Cs. of the District Courts of Delhi. They have challenged the minutes of the meeting dated 19.04.2011 and 28.07.2011 of the Selection Committee of the Delhi High Court and the Full Court, respectively, with regard to the ratio for promotion to the post of Superintendent in the Subordinate Court.
(2.) THE Selection Committee meeting was held on 19.04.2011 and the relevant portion of the minutes of that meeting are as under:- "To consider the comments of District Judge-I and Sessions Judge, Delhi, received vide letter No.328/Admn.I/S&P/2011 dated 08.02.2011 regarding appointment to the post of Superintendent in the ratio of 3:1 in response to the representation dated 06.10.2010 of Ms Sunita Sharma, Private Secretary. We have perused the office note and the comments of the District Judge-I and Sessions Judge. After careful consideration of the matter we feel that keeping in view the existing cadre strength of the feeder cadres, i.e. 257 of Sr Assistant/Readers line and 241 of the stenographer line, the existing ratio of 3:1 needs to be amended so as to be 1:1 it is accordingly recommended to the Full Court that the ratio for appointment to the post of Superintendent from the above feeder cadres in the District Courts, Delhi be made as 1:1. The issue as to whether the existing 17 vacancies of Superintendent in the District Courts be filled up as per the existing ratio of 3:1 or the proposed amended ratio of 1:1 in case the proposed ratio is approved by the Full Court, be also placed before the Full Court for decision. We are informed that the minimum qualification for promotion to the post of Superintendent has been prescribed as "Matriculate". We feel that the same is not in conformity with the stature of and the nature of the duties attached to the post. Accordingly, we recommend that henceforth the minimum qualification for promotion to the post of Superintendent may be prescribed as "Graduate". This was followed by the Full Court meeting which was held on 28.07.2011. The relevant extract from the minutes of the meeting of the Full Court held on that date are as under:- "EXTRACT FROM THE MINUTES OF THE MEETING OF THE FULL COURT HELD ON 28.07.2011 AT 4.45 P.M. IN THE JUDGES LOUNGE" Item Agenda Minutes No. 6. To consider the Considered. The recommendations recommendations dated of the Selection 19.04.2011 of the Committee in Selection Committee in respect of respect of appointment of appointment of Superintendent in the Superintendent in office of the District and the office of the Sessions Judge, Delhi District and were approved. It was Sessions Judge, further decided that the Delhi. existing 17 vacancies of Superintendent in the District Courts be filled up as per the amended ratio of 1:1. Registry to take necessary steps." The grievance of the petitioner is that earlier there was a ratio of 3:1 between the general line and the line of Stenographers insofar as promotion to the post of Superintendent was concerned. That ratio has been changed by virtue of the recommendations made by the Selection Committee and the decision arrived at by the Full Court whereby the ratio has now become
(3.) THE total strength of officials of the general line and officials of the Stenographers line at present, as given in the writ petition, are as under:- "Total strength of officials of General Line and official of Stenographer line AT PRESENT GENERAL LINE Sl. Name of the post No. of Pay scale Grade pay No. sanctioned post 1. Reader Grade-I/ 257 Rs.9300-34800/- Rs.4600/- Senior Assistant 2. Reader Grade-II/ 204 Rs.9300-34800/- Rs.4200/- Assistant, etc. 3. Reader Grade-III/ 535 Rs.5200-20200 Rs.2400/- UDC, etc. 4. Ahlmad/Asstt. 2290 Rs.5200-20200/- Rs.2800/- Ahlmad/LDC, etc. Total 3286 STENOGRAPHER LINE Sl. Name of the post No. of Pay scale Grade pay No. sanctioned post 1. Stenographer 258 Rs.9300-34800/- Rs.4600/- Grade-I 2. Stenographer 256 Rs.9300-34800/- Rs.4200/- Grade-II 3. Stenographer 698 Rs.5200-20200 Rs.2400/- Grade-III Total 1212 The feeder cadre for the post of Superintendent is Reader Grade- I/Senior Assistant from the general line and Stenographer Grade-I from the Stenographer line. The number of sanctioned posts in these feeder cadres is virtually the same. This is apparent from the fact that there are 257 posts of Reader Grade-I/Senior Assistant in the general line and there are 258 posts of Stenographer Grade-I in the Stenographer line. It is based on this equality of strength in the feeder cadres that the Selection Committee made the recommendation that the ratio should be 1:1 and not 3:1 as was hitherto prevailing. This rationale has been accepted by the Full Court in the meeting held on 28.07.2011.;