D.K.Seth, J. - (1.) The petitioner Shital Prasad Tiwari in Writ Petition No. 9404 of 1999 was selected by the selection committee in terms of Rule 16 of the Uttar Pradesh District Offices (Collectorates) Ministerial Service Rules, 1980. By an order dated 29.11.1997, the petitioner was appointed as Stenographer in Grade-I. Respondent No. 3 Sri Ghaslte Lal Verma made a representation that he was not given any opportunity in the selection and that he had been senior to the petitioner by 17 years and that he was confirmed in the post three years before the petitioner was confirmed, as such he has a claim for the post to which the petitioner was posted. By a decision dated 6.1.1999, the Commissioner had allowed the said representation and reverted the petitioner to the post of stenographer grade II. This order has Since been challenged in this writ petition.
(2.) Mr. M. M. Sahai, learned counsel for the petitioner has taken a simple but an Interesting point to the extent that the appointment in the post of stenographer grade-I is by way of direct recruitment and not by way of promotion. Relying on Rule 16 of the said 1980 Rules, he then contends that the Rule does not permit any seniority and the appointment should be made only on merit.
(3.) Rule 16 of the said Rules prescribes as follows : "16. Procedure for Direct Recruitment to the post of stenographer.--(1) For the purpose of direct recruitment to the posts of stenographer, there shall be constituted a Selection Committee comprising : (i) the District Officer of the district; (ii) two other officers of the district not below the rank of Deputy Collector to be nominated by the District Officer. (2) The Selection Committee shall scrutinize the applications and require the eligible candidates to appear in a competitive test and interview. Note.--The syllabus and procedure for competitive test is given in Appendix II. (3) After the marks obtained by the candidate in the written test, have been tabulated, the Selection Committee, shall, having regard to the need for securing due representation of the candidates belonging to the Scheduled Castes. Scheduled Tribes and other categories in accordance with Rule 6, call for interview such number of candidates as on the result of the written test, have come up to the standard fixed by the Committee in this respect. The marks awarded to each candidate in the interview, shall be added to the marks obtained by him in the written test. (4) The Selection Committee shall prepare a list of candidates in order of merit, as disclosed by the aggregate of marks obtained by them in the written test and interview. If two or more candidates obtain equal marks, the candidates obtaining higher marks in the written test shall be placed higher. The number of names in the list shall be larger (but no larger by more than 20 per cent than the number of vacancies.)";