Krishna Murari, J. - (1.) HEARD learned counsel for the petitioner and Shri Ranjan Srivastava for the respondents. Petitioner was an applicant for appointment on a Class III post in Civil court, Varanasi in pursuance to an advertisement dated 05.06.1993 published in local news paper Gandiv. A perusal of the terms of the advertisement goes to show that those persons, who were working on ad hoc basis in civil court, Varanasi on Class III post, were also entitled to apply for being considered for appointment. In response to the aforesaid advertisement, examination was held on 10.10.1993, which was subsequently cancelled under the orders passed by this Court and a fresh examination was held on 22.04.1994 in which various candidates including the petitioner appeared. The result of the successful candidates of all the categories, i.e., General, Backward, Scheduled Castes etc. was declared on 18.06.1994. Thereafter one roster list was prepared in order of merits including all the candidates, i.e., general category as well as reserved category, which was duly approved by the then District Judge, Varanasi on 31.07.1995. High Court vide order dated 28.07.1994 extended the validity of the select list from one year to three years. The said order is quoted hereunder. From: -Sri Jagat Prakash, H.J.S., Additional Registrar, High Court of Judicature at Allahabad. To, All the District Judges. Subordinate to the High Court of Judicature at Allahabad. C.L. No. 66/Ve -4/Admn(D) Dated July 28, 1994 Subject: -Life of Select List of Class III posts in Subordinate Courts. Sir, I am directed to say that the court has been pleased to extend the validity of the select list prepared by you in your judgeship for Class III posts from one to three years. You are, therefore, directed to implement the instruction obtained in this circular letter with immediate effect. Yours faithfully. Sd/ - Jagat Prakash Addl. Registrar.
(2.) AGAIN this Court issued an order dated 24.08.1994 to the District Judges for guide lines in respect of the operation of the select list stating therein that appointment in short term leave vacancies are not protected. The guide lines was issued on the basis of the judgment rendered in Special Appeal No. 235 of 1993 connected with Special Appeal No. 233 of 1993 and 263 of 1993 as well as Special Appeal No. 278 of 1993. The said letter of the High court dated 24.08.1994 is extracted hereunder. From Sri Bhanwar Singh, H.J.S., Registrar, High Court of Judicature at Allahabad. To, All the District Judges. Subordinate to the High Court of Judicature at Allahabad. C.L. No. 77/Ve -4/Admn(D) Dated 24.8.1994. Subject: -Guidelines concerning operation of select list of Class III candidates while offering appointment on the establishments of the subordinate courts. Sir, In continuation of and with reference to the courts' C.L. No. 66/Ve -4/Admn(D), Dated July 28, 1994 regarding the life at the select list prepared for appointment to class III posts be the subordinate courts, I am directed to send here with the copies of two judgments delivered by the court on 19.5.1993 and 5.8.1994 in the following cases for strict compliance: - 1. Special Appeal No. 235 of 1993 connected with Special Appeals Nos. 233 of 1993 and 263 of 1993. 2. Special Appeal No. 278 of 1993. 4. The guidelines prescribed in the two judgments, that appointment in short term leave vacancy is not protected under Rule 14 (3) of U.P. Subordinate Civil Court Ministerial Establishment Rules, 1947 must be strictly adhered to in the operation of the approved or select list to be prepared in future and in case of any difficulty a clarification must be sought from the court. Yours faithfully.Sd/ - Registrar. Enclosures : As above. This letter was received in DJ/ Varanasi office on 20.10.94. In response to the aforesaid letter/order dated 24.08.1994, the then District Judge, Varanasi cancelled the select list vide order dated 18.10.1995 for the rest of the candidates, who were left out and were not given appointment. The order dated 18.10.1995 passed by the District Judge, Varanasi was challenged in Civil Misc. Writ Petition No. 31053 of 1995, which was allowed vide order dated 30.11.1995 and the order dated 18.10.1995 of the then District Judge was quashed and it was observed that period of select list shall be three years.
(3.) IT may be relevant to quote the following paragraphs of the said judgment. After hearing the learned counsel for the parties and perusing the material on record, I find that the circular letter dated 24.8.1994 at Annexure to the writ petition was referring to two judgments in two special appeals. The guidelines referred to therein were relating to short term leave vacancy and appointments against them. The said judgments did not consider the extension of life of the select list, as as been done and communicated by circular letter dated 28.7.1994 at Annexure 3 to the writ petition. Perusing the judgments in the said two special appeals, it is apparent that the select list which were being considered in the said two special appeals were having the life of one year period and in that back ground observations have been made in the said judgments. In the aforesaid circumstances, I do not think that the observation made in the said two special appeals or the guidelines issued on the basis thereof, can decide in any manner as to the life of the present select list. Apparently, the circular letter dated 28.7.1994 communicated extension of the life of select list from one year to three years and so against such clear circular the observations in the said judgments of the special appeals or the guidelines prepared on that basis cannot prevail. It is also to be noticed that the said circular dated 24.8.1994 did not supersede or cancel the circular letter dated 28.7.1994. In view of the aforesaid findings, I am of the view that the order dated 18.10.95 at Annexure 7 to the writ petition was passed upon misconception by the respondents No. 1. Accordingly, the writ petition succeeds and is allowed. The impugned order dated 18.10.1995 at Annexure 7 to the writ petition is hereby quashed. The select list is required to be treated as valid upto 18.6.1997.;