Sunil Ambwani - (1.) -Heard Sri Shashi Nanda, senior advocate, assisted by Sri Pankaj Misra for petitioner and Sri. K. R. Sirohi for respondents.
(2.) THE petitioners have sought a direction to quash the advertisement dated 6.2.2004 issued by Registrar General, High Court at Allahabad inviting application from the Assistants of the High Court for selection through competitive examination for appointment of Bench Secretary Grade II. THE petitioners have also prayed for a direction to the Registrar General to make appointment of 21 Bench Secretaries Grade II, for which applications have been invited vide aforesaid advertisement, out of approved select list dated 19.1.2003. Counter and rejoinder-affidavits have been exchanged. With the consent of the parties, the writ petition, nominated to this Bench, is being finally decided. The method of selection to the post of Bench Secretary is provided in Rule 11 of Allahabad High Court Officers and Staff (Condition of Service and Conduct) Rules, 1976. Whenever it is required to make selection to fill up any vacancy/ vacancies for the post of Bench Secretary Grade II, Rule 11 (1) requires the appointing authority to invite applications from the eligible assistants as mentioned in clause (e) of Rule 8 for admission to competitive examination. The source of recruitment in Rule 8 (c) is by selection through competitive examination conducted by the appointing authority, open to the assistants having not less than 10 years continuous service in class III post. These assistants include routine grade clerks, Lower Division Assistants, Upper Division Assistants and Personal Assistants. Sub-rule (2) of Rule 11 provides that the procedure and syllabus relating to the competitive examination shall be such as may be prescribed by the appointing authority from time to time. Sub-rule (3) provides that the rest of the procedure of selection and the period during which the select list shall hold good shall be the same as laid down in Rule 10.
(3.) RULE 10 of the RULEs of 1976 provides for method of selection for the posts of routine grade clerks, which has been made applicable to Bench Secretary Grade II, by RULE 11 (3). Under sub-rule (1) of RULE 10, the appointing authority is required to ascertain the probable number of vacancies likely to occur in the post during the course of the year of recruitment, and determine the number of vacancies, if any, to be reserved for candidates belonging to the Scheduled Castes and others under RULE 23. Sub-rule (g) of RULE 10 provides for 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. The select list shall hold good for three years or till the next selection is held whichever is earlier. The year of recruitment is defined under RULE 2 (m), which means, the period of twelve months commencing from the 1st day of July of a calendar year. RULE 30 provides that on the occurrence of substantive vacancy, the appointing authority shall make appointment to the various categories of posts in the establishment from the respective list of persons duly selected under the rules. Where a select list has been prepared appointments shall be made in the same order in which the names appear in the list. The selection process for the last recruitment was initiated vide Office Memorandum dated March 5, 2002, inviting applications for selection to the post of Bench Secretary Grade II. The number of vacancies were not given either in the Office Memorandum or in the notice inviting applications. In all 150 (111 from Allahabad and 39 from Lucknow Bench) applications were received, out of which 138 candidates were found eligible and only 92 appeared in the written examination. Out of these, 89 candidates qualified for interview and a select list of 67 candidates was prepared and published by the Registrar General on 21.1.2003. Out of these, 39 were appointed.;