- (1.) The petitioner Rajasthan High Court Non-Gazetted Ministerial Staff Association, Jodhpur has preferred this writ petition to challenge the order dated 8.9.2009 (Annex.7) of Hon'ble the Chief Justice amending the one of eligibility criteria for recruitment of translators in High Court and notification dated 17.9.2009 inviting applications for recruitment of translators from amongst the Judicial Assistants and Junior Judicial Assistants having three years experience in the establishment of Rajasthan High Court and who possesses qualification of M.A. (English Literature).
(2.) Earlier for recruitment for the post of translators, Rules were framed in the year 2002 which are Rajasthan High Court Staff Service Rules, 2002. Relevant Rule 5 of the Rules of 2002 is as under: (5) TRANSLATORS ( ORDINARY SCALE). Recruitment to the post of Translator (Ordinary Scale) shall be made on the recommendation of a Committee nominated by the Appointing Authority on the criteria of selection from amongst the graduate Upper Division Clerks or officials in equivalent or above grade but below the grade of Translators (Ordinary Scale), with Hindi or English Literature as one of the optional subject in Graduation or Lower Division Clerks with Hindi and English Literature as subject in Post Graduation and having minimum experience of five years. Competitive Examination- A qualifying examination shall be held to test the ability of the candidates of translation from English to Hindi and Hindu to English. Paper-I English to Hindi Translation 100 marks Paper-II Hindi to English Translation 100 marks Explanation: For the qualifying examination the official appearing shall be given passage for translation from English to Hindi and Hindi to English from the judgment and records. Personal There shall be personal interview 50 marks Interview Note: A candidate who secures in aggregate 75% marks and minimum 60% marks in each paper shall only be called for interview. Duration Each paper shall be duration of of paper two hours
(3.) Thereafter, the matter was re-considered and the Rules Committee was constituted for this purpose by the order of the Hon'ble Chief Justice and the Rules Committee recommended the amendment in the rule which was accepted and duly published and came into force. The relevant rule of 2004 for the purpose of recruitment of translator is as under: 2. The method of recruitment of Translators (Ordinary Scale)i Part-I-A(5) is substituted by the following: (5) TRANSLATORS ( ORDINARY SCALE), Recruitment shall be made from amongst the Judicial Assistants or Junior Judicial Assistants having experience of 3 years by holding a test in English and Hindi translation. Candidates shall be given passage in English from the judgments and record and shall be asked to translate them into Hindi. Similarly passage in Hindi from the records or from some other books etc shall be given and the candidates shall be asked to translate them into English. Minimum qualification shall be graduate. Preference shall be given to a Law Graduate.;