M.P. Singh, J. - (1.) The appointment on the posts of Lower Division Clerks in subordinate courts is governed by the Rajasthan Subordinate Courts Ministerial Establishment Rules, 1986, (in short, 'the Rules') framed by the Governor in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India in consultation with the High Court of Judicature for Rajasthan.
(2.) Rule 6(b) provides the method of recruitment to the general cadre as Lower Division Clerk by a competitive examination. 10% of the total number of vacancies in each Judgeship shall be reserved for being filled in by promotion amongst the Class IV employees who have put in five years' of service in the Judgeship concerned and possess the academic qualification prescribed by these Rules for the post of Lower Division Clerk.
(3.) The frequency of examination is contained in Rule 15, according to which early in each year or as the circumstances may require, each District Judge shall recruit as many candidate for his Judgeship as required for the vacancies likely to arise in the course of the year. In view of Rule 19(iii) the select list survives only for one year. Rule 23 deal with the appointments, it run as follows : "23. Appointments (1) All appointments to the Ministerial establishment shall be made by the District Judge, except in the case of Stenographers, first appointment shall be made to the lowest post. (2) In filling the posts of Stenographers preference shall be given to officials possessing the prescribed qualifications who are already working in the Judgeship in which the vacancy has occurred. (3) A vacancy which cannot be filled in immediately either by direct recruitment or by promotion, may be filled in by appointing authority by appointing temporarily thereto a person eligible for direct recruitment or by appointing thereto an official eligible for appointment to the post by promotion : Provided that such appointment will not be continued beyond a period of one year." This rule empowers the appointing authority to fill up vacancy by appointing temporarily a person who is eligible for direct recruitment in case the vacancy is not going to be filled in by direct recruitment in near future. But this appointment will in no case be continued beyond a period of one year. It fixes an outer limit. According to this mandatory provision the temporary appointment will come to an end after the expiry of one year, even if no regular selection has been made. It is for the appointing authority to reappoint him or not to appoint him.;