- (1.) RAKESH Tiwari, J. Heard learned Counsel for the parties and perused the entire record.
(2.) THE petitioners in the present writ petition were appointed as paid apprentice/clerks in the office of the District Judge, Pilibhit. THEy claim the following reliefs in this petition: (a) For issuance of a writ, order or direction in the nature of certiorari quashing the order of this Court on administrative side communicated through the letter dated 5-12-1989 (Annexure No. 17) so far as it stands against the petitioners. (b) For issuance of a writ, order or direction in the nature of mandamus commanding the respondents to treat the select list published on 19-8-1987 to be continuing to be operative so far as the petitioners are concerned and not to ignore it on the ground that the same had exhausted. (c) For issuance of a writ, order or direction in the nature of mandamus commanding the respondents to appoint the petitioners against the vacancies which have come into existence in the month of March, 1989 treating the same as vacant. Petitioner Nos. 1 and 2 were selected in the examination held under the Subordinate Civil Court Ministerial Establishment Rules, 1947 for the vacancies of ministerial establishment of the Pilibhit Judgeship, which occurred in the year 1986-87 in pursuance of the provisions of Clause (b) of sub- section (1) and Clause (b) of sub-section (2) of Section 241 of the Government of India Act, 1935 and in supersession of all existing rules and orders on the subject. It is alleged that the petitioners were selected in May, 1987 in terms of Rules 9, 10 and 11 of the aforesaid Rules. These rules which are now NOT in force, are as under: 9. Method of recruitment.-Early in each year, or as the circumstances may require each District Judge shall recruit as many candidates for his judgeship as are required for the vacancies likely to occur in the course of the year. 10. Application of recruitment.-Applications for recruitment shall be invited by the District Judge in Form A in Appendix 1 by advertising in the papers, circulating in the locality, the number of candidates to be recruited and the date of the examination. Every such application shall be put up before the District Judge and its receipt acknowledged. 11. Recruitment.-The recruitment shall be based on the results of a competitive examination and an interview by the District Judge at the headquarters of the judgeship. The examination and the interview shall be held in the manner laid down in Appendix II: Provided that the District Judge may delegate any or more of the functions other than the functions of interviewing the candidates to a Senior Judge or Senior Munsif in respect of the examination held under this rule".
(3.) RULES 9 to 11 stand suspended and are no more in force after the RULES for Recruitment of Ministerial Staff to the Subordinate Offices, 1950 were promulgated. RULES 3, 4, 5 and 7 of these RULES of 1950 apply to the Civil Court establishment also. So, while making the recruitment for Class III posts in the judgeship, the aforesaid rules will have to be followed. The 1950 Rules have not been repealed by the Subordinate Officers Ministerial Staff (Direct Recruitment) Rules, 1975 (1975 Rules) in-so-far as the Subordinate Civil Courts are concerned. It is true that the Rule 20 of the 1975 Rules stated that 1950 Rules had been repealed. But the 1975 Rules did not apply to the Subordinate Courts under the control and superintendence of the High Court. Hence the 1950 Rules in-sofar as they applied to the Subordinate Courts continued to be inforce (AIR 1986 SC 1043 ).;