- (1.) HEARD Sri H.R. Mishra, learned Senior Advocate assisted by Sri S.K. Mishra, learned counsel for the petitioners and Sri Ashish Mishra, learned counsel for the respondent -High Court. Petitioners, before this Court, seek quashing of the notification dated 17th August, 2012, whereby Clause 6(i) of the Allahabad High Court Bench Secretaries (Condition of Service) Rules, 2005 (hereinafter referred to as the "Rules, 2005") has been amended. They also pray for a writ of mandamus directing the respondent -High Court to permit the petitioners to appear in the competitive examination to be held for promotion to the post of Bench Secretary Grade -I in the establishment of the High Court, Allahabad. Petitioners, who are 9 in number, were all recruited and appointed as Console Operators -cum -Data Entry Assistants in the year 2001 in the establishment of High Court. They have been confirmed on the said post under the order of the Joint Registrar (Establishment) dated 1st June, 2009 with effect from the dates mentioned in the order against their names.
(2.) SRI H. R. Mishra, learned counsel for the petitioners submits that the post of Bench Secretary Grade -I, the appointment whereof is regulated by the Allahabad High Court Officers and Staff (Condition of Service and Conduct) Rules, 1976 (hereinafter referred to as the "Rules, 1976"), was earlier filled after holding selection through competitive examination to be conducted by the appointing authority from the Assistants having not less than 10 years of continuous service in Class -III posts. Preference was to be given to candidates possessing a Law Degree. He submits that under the Rules, 1976, all Class -III employees including the persons, who were holding the post of Console Operators -cum -Data Entry Assistants, like the petitioners were permitted to appear in the competitive examinations to be held for appointment on the post of Bench Secretary Grade -I. Reference is made to paragraph -16 to the present writ petition. It is the case of the petitioners that by notification dated 17th August, 2012, zone of eligibility of the candidates eligible to sit in the competitive examination, has been curtailed by providing that only Review Officer (for short "RO"/Assistant Review Officer (for short "ARO") having not less then 10 years of continuous service would be entitled to participate in the competitive examination, by making an amendment in Rule -6 (i) of Rules, 2005. The eligibility zone for appearing in the competitive examination for appointment on the post of Bench Secretary Grade -I has been confined to RO/ARO only and as a result whereof persons, like the petitioners stand excluded from being eligible to participate in the competitive examination. This amendment in rule 6(i) of Rules, 2005 is arbitrary. It is also stated that the petitioners are working on Class III posts in the establishment of the High Court and they have 10 years of experience. If larger number of persons participate in the competitive examinations, it would always result in best possible candidates being available for appointment on the post of Bench Secretary Grade -I and therefore, also the amendments in Rules, 2005 vide impugned notification dated 17th August, 2012, known as "The Allahabad High Court Bench Secretaries (Conditions of Service) (Amendment) Rules, 2012 (hereinafter referred to as the "Rules, 2012"), virtually defeats the very purpose of competitive examinations.
(3.) HE further submits that there is little or no reasonable classification for not treating the petitioners, who are holding Class III Posts in the establishment of the High Court, to be eligible to appear in the competitive examinations specifically with reference to the objects sought to be achieved and therefore, their exclusion is hit by Article 14 of the Constitution of India.;