# (2) They shall come into force at once

- **Citation:** C.L. No. 14 /Admn
- **Court:** Allahabad High Court
- **Decided:** 2005-09-26
- **Case number:** C.L. No. 14 /Admn
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/2-they-shall-come-into-force-at-once-162248
- **Pages:** 2

## Text

171
(2) They shall come into force at once.
2.
Amendment of Rule 6(2).-In the Rules for the Recruitment, of Ministerial Staff to
the Subordinate Offices for sub-rule (2) of Rule 6 as set out in column 1, the sub-rule as
set out in column 2, shall be substituted.
COLUMN 1
COLUMN 2
Subjects
Marks
Subjects
Marks
Oral

Written

(1) Personality
(2) General knowledge and
suitability for the particular post
25
25
(1) Simple Drafting (in Hindi)
(2) Essay and precis writing in
Hindi
(3) Simple Drafting and precis
writing (in English)
(4) General knowledge
50
50
50
50
Written
(1) Simple drafting in Hindi
(2) Essay and précis
(3) Simple drafting and précis
writing (in English)

50
50
50
Optional

(1) Typewriting in English and
Hindi
(2) Shorthand in Hindi and
English

50
50
Optional
(1) Typewriting in English and
Hindi
(2) Shorthand in Hindi and English

50
50
C.L. No- I Admin (D) Dated: 09-01-2003*
Appointment of Class III and Class IV employees in the subordinate courts.
To obviate the difficulties and the problems faced by the District Judges and to
bring in uniformity in the recruitment of Class III and Class IV employees of the
subordinate court, I am desired to issue directions as under:-
1.
No appointment / recruitment for post in class III and class IV category be
made without prior information of the same to the Registry with regard to
number of vacancies to be filled up, fees levied for the form as well as for
appearing in the examination and the date of holding of examination.
2.
For filling up newly created or vacant post of class III and class IV
employees, before making appointments, the case of already working junior
employees for promotion/appointment who are eligible as per rules, be
considered and if competent employee is not available, then only the post be
filled up by direct recruitment.
 3.
Before declaration of the result of the recruitment of the employees the list of
the selected candidates mentioning the reservations applicable, be sent to the
Court for perusal of Hon‟ble the Chief Justice.
I, am therefore, directed to communicate you the aforesaid directions of the Court
for strict compliance.
C.L. No. 14 /Admn , (D) Dated : April 17-2003
Appointment of class III and Class IV employees in the subordinate Courts.
I am directed to say that the Hon‟ble Court has been pleased to withdraw its earlier
Circular better No. 1/Admn,(D), dated 09.0l.2003 issued by the Court.

*
Withdrawn by C.L. No. 14/Admn. (D) dt. 17.04.2003
172
C.L. No. 28/ dated 26th September, 2005
Appointments in respect of posts governed by the Subordinate Civil Courts
Ministerial Establishment Rule, 1945 read with the Uttar Pradesh Rules for the
Recruitment of Ministerial Staff of the Subordinate Offices in Uttar Pradesh, 1950.
Upon Consideration of the matter pertaining to the appointments in respect of the
posts governed by the Subordinate Civil Courts Ministerial Establishment Rule, 1945
read with the Uttar Pradesh Rules for the Recruitment of Ministerial Staff of the
Subordinate Offices in Uttar Pradesh, 1950 the Hon'ble Court in Special Appeal No- 702
of 2005- The District Judge, Baghpat and another Vs. Anurag Kumar and others has
observed and held as below:
1.
Rule 9 of the 1947 Rules empowers the District Judges to recruit as many
candidates as are required for the vacancies 'likely to occur in the course of the
year'. The exercise has to be commenced early in each year or as the
circumstances may require. This entails an exercise by the district Judges of
identifying the number of vacancies existing or likely to occur in the course of
the year. The Rule requires that such vacancies shall be calculated and
necessary steps shall be taken to make this fact generally known. What
follows is that the advertisement to be made has to be preceded by an exercise
by calculating the number of vacancies in the manner indicated herein above.
2.
Rule 10 of the 1947 Rules provides for an advertisement, disclosing the
number of vacancies, inviting applications in a particular form. The
advertisement, therefore, will be presumed to have included only such number
of vacancies/posts which are available in accordance with the calculation
made under Rule 9 and no other future vacancy. The Rule does not
contemplate advertisement of future vacancies, which can be taken into
account after the advertisement has been made.
3.
The recruitment is to be made on the basis of the result of the examination
under Rule 11 and for the said purposes; the list of selected candidates has to
be entered in a register in order of merit to be maintained by the District
Judges under Rule 14. Sub rule (3) of Rule 14, in no uncertain terms, provides
that in case a candidate who has not been offered appointment in accordance
with the said list within one year from the date of his recruitment, his name
shall automatically be removed from the register. These Rules establish that
the number of vacancies, which have to be advertised, are to be in acordance
with the Rule 9 and, therefore, the recital in the advertisement that the
vacancies are likely to increase or decrease has to be strictly construed in
accordance with the aforesaid Rules.
4.
What logically follows is that the District Judge is not at liberty to prepare a
list dehors the number of vacancies advertised. The position stands further
clarified by the Circular Letter No. 9/VIIb-104, Admn. dated 29-4-1999
issued by the High Court which clearly states that the select list shall not be
prepared by the District Judges for more than the double of the vacancies
advertised.
5.
The preparation of the select list for more than the double of this vacancies
advertised, is illegal and contrary to the Rules applicable.
6.
The selected candidates have right to appointment only against 'vacancies
notified' and that too during the life of the select list as the panel of selected