K K PARMAR Vs. H C OF GUJARATTHN REGISTRAR

JUDGEMENT

(1.) THE appellants herein are assistants working in the High Court of Gujarat. THEir promotion to the post of Section Officer was due. THEre were 25 vacancies in the post of Section Officer. A written examination was held for the said purpose. All the assistants eligible therefor appeared at an written examination. 29 employees did not obtain the requisite marks for appearing at the via-voce examination. THEy filed a writ petition before the Gujarat High Court which was numbered as SCA No. 351 of 1998.

(2.) 19 of them although cleared the written test but did not do well in viva-voce. They filed a writ petition before the High Court which was numbered as SCA No. 1298 of 1999.

(3.) THE High Court of Gujarat also framed rules known as "the High Court of Gujarat (Recruitment and Conditions of Service of Staff) Rules, 1992 (for short 'the Rules'). Rule 47 of the said Rules relates to promotion. Sub-rule (2) of Rule 47, sub-rule (1) of Rule 50 and sub-rule (1) of Rule 91 which are relevant for our purpose are set out hereunder: