Manoj Misra, J. - (1.) The instant petition relates to the claim of the petitioner for promotion on the post of Joint Registrar in the Allahabad High Court Establishment (in short the Establishment).
(2.) To understand the controversy better, it would be appropriate to have a brief look at the facts and the service rules relevant to the claim of the petitioner. The service conditions of the petitioner are indisputably regulated by Allahabad High Court Officers and Staff (Conditions of Service and Conduct) Rules, 1976 (in short the Rules, 1976). Rule 20 of the Rules, 1976 provides for source of recruitment to various Class I posts in the Establishment. Rule 20(d) of the Rules, 1976 concerns with the source and method of recruitment to Class-I post of Joint Registrar with which we are concerned. Prior to the amendment carried out by Allahabad High Court Officers and Staff (Condition of Service and Conduct) Amendment Rules, 2014, Rule 20 (d) of the Rules, 1976 read as follows:- "Rule 20 (d) Joint Registrar By deputation of an Officer of the U.P. Higher Judicial Service or by promotion from amongst the Deputy Registrars on Seniority, subject to suitability. Notwithstanding anything contained hereinafter the incumbent to the post of Joint Registrar must be a Law Graduate of a Recognised University: "Provided, however, that where there are Deputy Registrars available and who are not Law Graduates from a Recognised University, their candidature be also considered for promotion to the post of Joint Registrars provided such Deputy Registrar has undergone training conducted by J.T.R.I., Lucknow to improve their knowledge of law, required for effective functioning of Joint Registrar and after successful training from J.T.R.I., Lucknow for the period to be prescribed by the Chief Justice (03 months) be also treated as eligible for being considered for promotion." Note-- To assess the minimum merit, marks obtained in ACR & Interview shall be considered. Minimum merit required for promotion from the post of Deputy Registrar to that of Joint Registrar shall be securing 65% marks in ACR & 45% marks in Interview."
(3.) The petitioner was appointed by way of promotion on the post of Deputy Registrar on 29.05.2013. By Office Memorandum dated December 13, 2013 as many as 25 Deputy Registrars were informed to appear before the Promotion Committee (in short the Committee) for consideration of their promotion on the post of Joint Registrar. The petitioner (Lalji Singh) was also one of those 25 Deputy Registrars who were informed about the interview date i.e. 17.12.2013. After carrying out the interview process, the Committee submitted a report dated 17.12.2013 to be placed before Hon'ble Chief Justice. The Committee in its report took the view that there was desirability to provide for a criteria of having minimum experience, of at least one or two years, in the feeder cadre post before a candidate is considered eligible for promotion. On the report submitted by the Committee, Hon'ble Chief Justice, vide order dated 19.12.2013, not only approved the report but also remarked that "the post of Joint Registrar is a senior and responsible post in the administration. A person should have sufficient experience in the post of Deputy Registrar to gain the required knowledge. A period of two years is in my view essential and will bear a rational nexus with the object of securing efficiency of administration." With the aforesaid remark and decision, Hon'ble Chief Justice directed that the matter be placed before the Rules Committee for considering whether an amendment is required.;