- (1.) Shri Shailendra, learned Senior Counsel assisted by Shri Shailendra Shrivastava appears on behalf of the appellants and Shri H.P. Dwivedi, learned counsel appears on behalf of respondents no. 2 to 6 in Special Appeal Defective No. 318 of 2021. Shri H.N. Singh, learned Senior Counsel assisted by Shri Kamal Kumar Kesharwani appears for the appellants and Shri Saurabh Singh and Shri Rajesh Kumar Shrivastava, learned counsel appears on behalf of private respondents in Special Appeal Defective no. 319 of 2021. Shri Radha Kant Ojha, learned Senior Counsel assisted by Shri Shivendu Ojha appears for the appellants and Shri Saurabh Singh, learned counsel appears on behalf of respondents no. 2 to 6 in Special Appeal Defective no. 320 of 2021. Shri Anil Bhushan, learned Senior Counsel assisted by Shri N.N. Mishra appears for the appellants and Shri H.P. Dwivedi and Shri Amit Saxena, learned counsel appears on behalf of respondents no. 2 to 6 in Special Appeal Defective no. 321 of 2021. Shri Ashish Mishra, learned Counsel appears on behalf of the respondent no. 1-Registrar General, High Court in all the appeals. 1. These batch of Special Appeals under Chapter VIII Rule 5 of the High Court Rules, 1952 take exception to order dated 17.03.2021 passed by learned Single Judge in batch of Writ petitions with leading writ petition Writ A No. 29665 of 2015 (Vineet Kumar and 4 others V. The Registrar General, High Court of Judicature At Allahabad). With the consent of learned counsel for the contesting parties the matter is finally heard.
(2.) The relevant facts briefly are that under The Uttar Pradesh Civil Court Staff Centralised Recruitment Scheme 2014 applications were invited for appointment of Category ''C' clerical cadre and the Stenographer; vide: Advertisement No. 1/Sub.Court/Category ''C'/Clerical Cadre/2014 and Advertisement No. 1/Sub.Court/Stenographer/2014.
(3.) The relevant Rules which governs recruitment are The Uttar Pradesh District Court Service Rules, 2013. Chapter II whereof laid down the procedure for Recruitment. That Rule 9 provides for the manner of appointment through Direct Recruitment, stipulating therein: "9. Direct Recruitment:- (1) The appointing Authority shall intimate the Selecting Authority in the month of July every year the number of vacancies existing and likely to occur during the year of recruitment for direct recruitment in different category of posts. The Selecting Authority shall invite applications by giving vide publicity indicating the total number of vacancies notified for recruitment and the number of vacancies reserved for different reserved categories. (2) The Selecting Authority may short-list the candidates to be called for the written examination equal to twenty five times the number of vacancies notified on the basis of the marks obtained in the qualifying examination given in Schedule 'B'or by a preliminary objective test. (3) Notwithstanding anything to the contrary in these Rules, the Appointing Authority and the Selecting Authority with regard to conduct of examination and selection shall act in accordance with general or special orders issued by Hon'ble Chief Justice of the High Court, from time to time. That Rule 10 of the Rules of 2013 inter alia provided for the eligibility of candidate for the interviews, stipulating therein : 10. Eligibility of candidates for the interview- (1) For the purpose of selection of the candidates for the interview, the appointing authority shall prepare a list of names of candidates on the basis of percentage of the total marks secured in the written examination in the order of merit and if two or more candidates have secured equal percentage of total marks in the written examination, the order of merit in respect of such candidates shall be fixed on the basis of their age, the person or persons older in age being placed higher in order of merit. From among the candidates whose names are included in such list, as far as may be, such number of candidates as is equal to five times the number of vacancies notified, selected in the order of merit, shall be eligible for the interview: (2) For the purpose of this rule,- ''Written examination' means the competitive examination held by the Selecting Authority as per syllabus given in Schedule 'C'.;