K.N.Singh, J. - (1.) In September, 1981, a competitive test was held by the District Judge, Kanpur, for selecting suitable candidates for appointment to the vacancies in grade III of the Ministerial staff. Akhilesh Kumar Shukla, petitioner in Writ Petition No. 3961 of 981 could not qualify in written test and he was not called for interview. He filed Writ Petition in this Court challenging the examination held for recruitment to the Ministerial establishment of Kanpur Judgeship. Shailendra Kumar Awasthi and Ashok Kumar Yagik, petitioners in Writ Petition No. 10724 of 1983 were also unsuccessful at the examination. They also filed a writ petition challenging the examination and also for the issue of a mandamus directing the District Judge to cancel the examination. Ram Kishore Chatruvedi, petitioner in Writ Petition No. 5073 of 1984, was successful at the examination, but he could not be appointed on account of the interim orders issued in the Writ Petition filed by Akhilesh Kumar Shukla. Heals approached this Court by means of writ petition for the issue of a writ mandamus directing the District Jugde, Kanpur, to appoint him as a clerk as he' was successful at the examination.
(2.) On behalf of Akhilesh Kumar Shukla and Shailendra Kumar Awasthi and others it was urged that the examinations were held in accordance with the syllabus prescribed by the Rules for Recruitment of Ministerial Staff to Subordinate Offices, 1950, although those rules were not in force on the date when the examination was held. Their further contention was that the examination should have been held in accordance with the syllabus prescribed by the Subordinate Civil Courts Ministerial Establishment Rules, 1947, as amended in 1969. On behalf of Ram Ki shore Chaturvedi the claim made on behalf of the other petitioners was disputed and it was urged that the examination was rightly held in accordance with the syllabus prescribed by the 1950 Roles, and those selected at the examination were entitled to be appointed in the Ministerial service. In order to determine the questions raised in these petitions, it is necessary to refer to the relevant rules.
(3.) Prior to the enforcement of the Constitution recruitment to the subordinate Civil Courts Ministerial establishment was regulated by the Subordinate Civil Courts Ministerial Establishment Rules, 1947, framed under Section 241 of the Government of India Act, 1935, hereinafter referred to as the 1947 Rules.;