HIGH COURT OF GUJARAT Vs. K K PARMAR

JUDGEMENT

(1.) . All these appeals filed under Clause 15 of the Letters Patent are directed against common judgment rendered by the learned single Judge in Special Civil Application No. 351 of 1998 and Special Civil Application No. 1298 of 1998, by which order of promotion dated January 31, 1998 in favour of respondent Nos. 30 to 43 in Letters Patent Appeal No. 1426 of 1998 is set aside and the High Court of Gujarat is directed to evolve fresh process of selection for the post of section officers in conformity with Rule 47 of the High Court of Gujarat (Recruitment and Conditions of Service of Staff) Rules, 1992, giving due weightage to all the three components of determination of merits as indicated in the judgment.

(2.) . Letters Patent Appeal No. 1426 of 1998 is filed by the High Court of Gujarat against judgment rendered in Special Civil Application No. 351 of 1998, which was filed by those Assistants who had cleared written test, but were not called for oral interview; whereas Letters Patent Appeal No. 1427 of 1998 is filed by the High Court of Gujarat against judgment rendered in Special Civil Application No. 1298 of 1998 which was filed by those Assistants who had appeared in the two tests - oral as well as written, but were not selected. Letters Patent Appeal No. 1428 of 1998, which is directed against judgment rendered in Special Civil Application No. 351 of 1998, is filed by candidates whose selection to the post of Section Officer, is set aside by the learned single Judge; whereas Letters Patent Appeal No. 1429 of 1998 is directed against judgment rendered in Special Civil Application No. 4298 of 1998 whereby selection of the selected candidates is set aside by the learned single Judge. All these appeals rest upon common facts as well as raise common questions of law and as they were heard together, we propose to dispose of them by this common judgment.

(3.) . The Chief Justice of High Court of Gujarat has framed rules called "High Court of Gujarat (Recruitment and Conditions of Service of Staff) Rules, 1992 ("Rules" for short) in exercise of powers conferred by Article 229 of the Constitution. The Rules came into force with effect from 1/09/1992 and apply to all the members of High Court staff. Rule 4 of the Rules categorises staff of the High Court in four classes. Rule 47 of the Rules provides for promotion to the post of Section Officer and all higher posts. Promotion to the cadre of Section Officers can be effected from Assistants and Translators. Sub-rule (2)(a) of the said Rule stipulates that promotion to the post of Section Officer from Assistant will be effected strictly on consideration of efficiency and proved merits. As per the said sub-rule, merits should be determined on the basis of past performance and performance at the tests written and oral to be taken by the selection committee as may be appointed by the Chief Justice. As per the eligibility criteria laid down in sub-rule(4) and (5) of Rule 47, no person can be promoted from the lower post to higher post unless he has passed the departmental examination as prescribed and has experience of five years in the post from which he is to be promoted.