- (1.) THE 11 petitioners in the present writ petition of Ministerial Staff of the District Court, Jodhpur, having been appointed as per the provisions of Rajasthan Subordinate Court (Ministerial Establishment) Rules, 1986 (for brevity, hereinafter referred to as 'Rules of 1986'), have filed the present writ petition in this Court, aggrieved by the order (Annex.2) dated 04.07.1991 passed by the Registrar, Rajasthan High Court, Jodhpur whereby the administrative control of the Presiding Officer as well as the staff attached with him in the Special Court under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity, hereinafter referred to as 'Act of 1989'), were kept under the administrative control of the District & Sessions Judge concerned.
(2.) THESE persons were deputed to work in the Special Courts created under the provisions of the Act of 1989. Mr. Lokesh Mathur, learned counsel for the petitioners relied upon Section 14 of the said Act of 1989, under which the said Special Courts were created with the concurrence of the Chief Justice of the High Court and he urged that since the Special Courts created under the said Act of 1989 were granted the status of the Court of Sessions, therefore, the administrative control of the Presiding Officer and his staff in such courts could not be assigned or delegated by the Rajasthan High Court to the concerned District & Sessions Judge, and therefore, aggrieved of the same, the present writ petition has been filed with the following prayers: - "It is, therefore, humbly prayed that this writ petition may kindly be allowed. The order dated 4.7.91 (Annex.2) whereby the Registrar, Rajasthan High Court, Jodhpur kept the administrative control of the Presiding Officer and the staff attached with the Special Court created under the Act of 1989 under the District Judgeship Jodhpur, may kindly be declared illegal and the same may be quashed and set aside. 2. Respondent No.1 may kindly be directed to frame the Rules under Art. 309 of the Constitution or under its Proviso to govern and regulate recruitment and other service conditions of the petitioners and other staffs working in the Special Courts created under the Act of 1989. 3. Respondent No.3 may kindly be restrained from making any appointment by way of transfer or otherwise in the Special Court created under the Act of 1989. The post of Reader is lying vacant in the Special Court, Jodhpur, therefore, the respondents may kindly be directed to fill in the post from among the staffs working in the Special Court Jodhpur. 4. Any other appropriate writ, order or direction which this Hon'ble Court may deem it just and proper in the facts and circumstances of the case, may kindly be issued. 5. Costs of this writ petition may kindly be awarded in favour of the petitioners."
(3.) LEARNED counsel for the petitioners relied upon the decision of the Hon'ble Apex Court in the case of Ganpati Singhji, Vs. State of Ajmer & Anr. reported in AIR 1955 SC 188 and in the case of A.R. Antulay Vs. Ramdas Sriniwas Nayak & Anr., reported in AIR 1984 SC 718 (1).;