- (1.) WE have heard Shri Ram Kripal Tripathi appearing in person. Shri Rajiv Gupta appears for the Registrar General, High Court. Shri Santosh Kumar Pandey appears for Shri Surya Prakash Singh-respondent No. 3.
(2.) THE petitioner- appellant is aggrieved by the judgment of learned Single Judge by which he dismissed the writ petition challenging the selection made by the Court, for the post of Telephone Operator, and in which Shri Surya Prakash Singh-respondent No. 3 was selected and appointed. Learned Single Judge has dismissed the Writ Petition No. 48549 of 2008 on the ground firstly that the petitioner's contention that Shri Surya Prakash Singh was not qualified for appointment was based on his personal knowledge, and secondly the selection was made by Selection Committee of two Hon'ble Judges of this Court, who had found that Shri Surya Prakash Singh-respondent No. 3 was duly qualified and eligible, and thus keeping in view the report of the committee on the basis of which the appointment was made, no interference was called for. The petitioner-appellant has filed amendment application to add certain facts and grounds on 7.12.2009 including the documents namely the application made by Shri Surya Prakash Singh-respondent No. 3 disclosing his qualifications and experience, trade certificate issued by Indian Navy on 30th July, 2007, and the certificate dated 31st July, 2007 of Shri Surya Prakash Singh issued by Shri J.S. Walia, Commander, Officer-in-Charge, Release Centre. He has also annexed the certificate issued to him for resettlement on being released from service by the Air Headquarter, Vayu Banwan, New Delhi on 25th September, 2006 and the certificate of Indian Air Force dated 15.4.2009 for having successfully completed the prescribed training and to have passed requisite examination on CTI, Bangalore for quoting his post with Supervisor (Telephone Exchange). The petitioner has also filed supplementary affidavit with which he has annexed the replies received from Indian Navy with regard to the qualifications of Shri Surya Prakash Singh-respondent No. 3 By letter dated 7.4.2010 the Commander at Arms CDR-AT-Arms, Public Information Officer (Navy) informed him that Shri Surya Prakash Singh has expressed his unwillingness to provide information and since the information sought by him is a third party information, it is exempt from disclosure under Section 11 of the Right to Information Act, 2005. In appeal against the order the appellate authority also refused to disclose the information as Shri Surya Prakash Singh Ex-POELAR had expressed unwillingness to provide the information. The petitioner was, however, informed by PIU, Navy that the word Ex-POELAR stands for (retired) "Petty Officer Electrician Air Radio". The petitioner-appellant, thereafter, took up the matter to Central Information Commissioner. It is submitted that by the date of decision: 30.8.2010 the Central Information Commissioner also did not give the information and evaded the issue by stating as follows : "We have heard the parties. During the hearing, Cdr. Gupta submits that Surya Prakash Singh, retired as POELAR. He elaborates that PO stands for Petty Officer; EL for Electrician and AR for Air Radio. He also submits that this has been duly conveyed to the appellant vide their letter dated 30.6.2010. The appellant, however, is not satisfied with this. He wishes the CPIO to elaborate this abbreviation alphabet-wise. The request of the appellant is fair and reasonable. The CPIO is hereby directed to give details of the abbreviation POELAR to the appellant in 02 weeks time. Sd/- (M.L. Sharma) Central Information Commissioner" We summoned and perused the records of selection.
(3.) HON'ble the Acting Chief Justice by his order dated 18.12.2004 constituted a Committee to fill up 4 vacant posts of Telephone Operators in the establishment of the High Court. The Registry advertised vacancies inviting applications in which two posts were permanent for General Category; one for OBC and one for SC category; Rule 9 (1) (a) of the Allahabad High Court Officers and Staff (Conditions of Service and Conduct) Rules, 1976 provided for qualifications essential for the post of Telephone Operator and Rule 10 A provides for the method of selection for the post of Telephone Operators and Telex Operators. Rule 9 and 10 providing for qualifications and method of selection are quoted as below : "9. Qualifications.-Academic qualifications for direct recruitment to the various Class III posts in the establishment shall be as follows: (i) Routine Grade Clerk Must have passed the Intermediate Examination of the Board of High School and Intermediate Education, U.P. or an examination declared by the Government as equivalent thereto. (i) (a) Telephone Operators and Telex Operators Must have passed the Intermediate Examination of the Board of High School and Intermediate Education, U.P. or an examination declared by the Governor as equivalent thereto: Provided that the minimum academic qualifications in respect of the candidates recruited before the enforcement of these rules shall be High School Certificate. (ii) Lower Division Assistants (iii) Upper Division Assistants Must possess a Bachelor's degree of a University established by law in India or a qualification recognised as equivalent thereto. (iv) Personal Assistants (v) Librarian Degree in law and diploma in Library Science from a recognised University; Provided that in addition to the above qualifications, candidates for the following categories of posts must also possess the qualification mentioned below: (a) Routine Grade Clerks Must possess good knowledge of Hindi and English Type-writing: Provided that nothing in this rule shall be construed as affecting or invalidating appointments made or orders issued before the commencement and orders shall continue in force and shall be deemed to have been made or issued under the appropriate provisions of this rule. (b) Personal Assistants Must possess good knowledge of Hindi or English shorthand and typewriting with minimum speed of 40 words in English and 30 words in Hindi typewriting per minute and 100 words in English and 80 words in Hindi shorthand dictation per minute. (c) Telephone Operators Must possess sufficient experience of working as a Telephone Operator in some Government or Semi-Government Undertaking. (d) Telex Operators Diploma or certificate in Telex Operators from some recognised Institute of training. Must possess sufficient experience of working as Telex Operator in some . Government or Semi-Government Undertaking. 10. Method of selection for the posts of Routine Grade Clerks.-(1) The appointing Authority shall ascertain the probable number of vacancies likely to occur in the post of Routine grade Clerks during the course of the year of recruitment and determine the number of vacancies, if any, to be reserved for candidates belonging to the Schedule Castes and others under Rule 23. (2) The procedure and syllabus relating to the competitive examination shall be such as may be prescribed by the Appointing Authority from time to time. (3) The candidates who qualify for interview in the written examination, according to the standard fixed by the Chief Justice, will be called for interview before the Selection Committee appointed by the Chief Justice. (4) The total marks obtained by the candidates in the written examination and interview will determine their position and the merit list shall be prepared accordingly. If two or more candidates secure equal marks, the candidate securing higher marks in the written examination will be placed above. The select list shall hold good for three years or till the next selection is held whichever is earlier. (5) [***]" A Committee consisting of two Hon'ble Judges of the Court supervised the selections. Forty six candidates applied in pursuance to the advertisement, which provided for the qualifications essential for the post as follows : "1. Must have passed the Intermediate Examination of the Board of High School and Intermediate Education U.P. or an examination declared by the Governor as equivalent thereto vide Rule 9 (1) (a) of the 1976 Rules. 2. Must possess knowledge of data entry, word processing and Computer Operator, Proviso to Rule 9 of 1976 Rules inserted vide notification dated 26.8.2002. 3. Must possess a certificate or training imparted by the Post and Telegraph department. 4. Must possess sufficient experience of working as a Telephone Operator in some Government or Semi Government Undertaking vide clause (C) of proviso to Rule 9 of 1976 Rules." ;