- (1.) HEARD Shri Ram Kripal Tripathi the petitioner appellant appearing in person. Shri Ashish Misra appears for Registrar General, High Court, Allahabad. Shri Ateek Ahmad Khan appears for Shri Zafar Fareed respondent no.2.
(2.) THIS intra court appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 arises out of an order passed by learned Single Judge dated 26.2.2013 in Writ A No.70090 of 2011 (Ram Kripal Tripathi vs. Registrar General and others) by which the writ petition was dismissed. Brief facts giving rise to this writ petition are that the then Hon'ble Acting Chief Justice, Allahabad High Court by his order dated 18.12.2004 constituted a Committee to fill up four vacant posts of Telephone Operators in the establishment of the High Court. The registry advertised vacancies inviting applications in which two posts were reserved for General Category; one for Other Backward Classes and one for Scheduled Caste category. Rule 9 (i) (a) of Allahabad High Court Officers and Staff (Conditions of Service and Conduct) Rules, 1976 provides for qualifications essential for the post of Telephone Operator. Rule 10 provides for method of selection on the post of Telephone Operator and Telex Operator. Rules 9 and 10 relevant for the purpose of the case 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) [***]"
(3.) THE Committee consisting of two Hon'ble Judges supervised the selection, in which 46 candidates applied in pursuance to the advertisement, which provided for the essential qualifications 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." ;