A.P.Sahi, J. - (1.) The petitioner Diwakar Singh contends that he holds a valid driving licence and is skilled in his profession and keeping in view his proficiency, honesty and devotion, he applied for being considered to be appointed as a Driver in the establishment of High Court. His complaint is that had there been a proper procedure adopted by the establishment of the High Court, the petitioner could have also been considered but his application appears to have not received any attention even though he had dispatched it by speed post addressed to the Hon'ble Chief Justice. He also made a complaint in his application, a copy whereof is Annexure-2, that the proceedings have been concluded earlier without following any procedure worth the name and hence an appropriate writ be issued in this regard.
(2.) Shri Yashwant Singh, learned counsel for the petitioner, contends that this matter was entertained on 10.2.2010 and the Registrar General of the Court was called upon to file his personal affidavit categorically stating as to whether the procedure for selection on the post of driver had been conducted after publishing any advertisement or not, and if so, then the name of the news paper should be disclosed. Further directions were issued to narrate as to how the applications were entertained directly without any advertisement and, therefore, why should the selections be not declared to be invalid being violative of the mandate contained in Article 14 of the Constitution of India.
(3.) Shri Singh advanced his submissions politely urging that the selections, which have been held without notifying the vacancies, are in contravention of the Allahabad High Court Staff Car Drivers Condition of Service & Conduct Rules 2000. He further submits that the selections are nothing else but the induction of certain selected individuals who had succeeded in getting their applications recommended for consideration and further the selection is in breach of the settled principles of law as laid down by the Apex Court in its decisions which Rule that a selection held without notifying the vacancies is in breach of Articles 14 & 16 of the Constitution of India.;