# The rules published under notification no. 0-1119/II-B-50, dated July 11, 1950, in

- **Citation:** C.L. No. 55/Ve-4
- **Court:** Allahabad High Court
- **Decided:** 1950-07-11
- **Case number:** C.L. No. 55/Ve-4
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/the-rules-published-under-notification-no-0-1119-ii-b-50-dated-july-11-1950-in-162245
- **Pages:** 2

## Text

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[5] RECRUITMENT
(i) Procedure
C.L. No. 55/Ve-4 dated 28th August, 1950
The rules published under notification no. 0-1119/II-B-50, dated July 11, 1950, in
Uttar Pradesh Gazette, Part I-A, dated July 15, 1950, supersede the Subordinate Civil
Courts‟ Ministerial Establishment Rules, 1947, published under notification no.2494/VII612-40, dated August 1, 1947, in the Gazette dated the 16th August, 1947, Part I-A in
respect of recruitment only.
C.L. No. 79/Ve-4 dated 28th July, 1951
Candidates recruited in accordance with the rules in force before July 15, 1950,
will continue to be absorbed and further recruitment will be made on the lines indicated
in the rules published under the notification, dated 11th July, 1950
C.L. No- 25 dated 16th April, 1964
According to rules 9 and 14 (3) of the U.P. Subordinate Civil Courts‟ Ministerial
Establishment Rules, 1947 and rules 4, 5 and 7 of the rules for the recruitment of
ministerial staff of the. subordinate offices contained in the Government notification no.
01119/II-B-50, dated July 11, 1950, the competitive test for recruitment of ministerial
staff should, as far as possible, be invariably held every year in the second week of
August; as far as practicable the probable number of vacancies, if any, during the course
of the year should be correctly ascertained; the list of the approved candidates should not
be prepared without taking into consideration the vacancies likely to occur in the course
of the year and the name of the candidate who had not been given an appointment within
one year of the date of recruitment should, as provided in rule 14(3) of the said rules,
170
stands automatically removed. The provisions contained in sub-rule (2) of rule 7 of the
rule contained in the Government notification, dated July 11, 1950, do not supersede nor
are in conflict with rule 14 (3) of the U.P. Subordinate Civil Courts‟ Ministerial
Establishment Rules, 1947.
C.L. No.14/Ve-4 dated 12th February, 1973
While making appointments to the establishment of the civil courts the District
Judges should make it clear that all applications should be addressed to him and routed
through the Employment Exchange and should further require that candidates should
send advance copies of their applications direct to the District Judge for being ascertained
whether all applications have been forwarded to him by the Employment Exchange or
not, In case, applications of certain suitable candidates have been withheld, the District
Judge may, in his discretion permit such candidates to take the test as contemplated in
paragraph 7 of G.O. 2248/11-1950,dated August 30, 1950.
In the case of candidates who are appointed to fill up casual vacancies without
appearing in the regular test and are already working on the staff of the civil court
concerned they should be treated as departmental candidates and should be allowed to
take the test without any reference to the Employment Exchange in order to enable them
to qualify for regular appointment.
C.L. No.1/Ve-4 Admn. (D) dated 2nd January, 1987
Rules 9 to 12 of the Subordinate Civil Courts‟ Ministerial Establishment Rules,
1947 were superseded by the Rules for the Recruitment of Ministerial Staff to the
Subordinate Offices, 1950, which were made by the Governor under Article 309 of the
Constitution-vide Notification no. O-1119/II-B-50, dated 11.7.1950, as amended from
time to time, and separate provision in place of the provision of Rules 9 to 12 of the
Subordinate Civil Court‟s Ministerial Establishment Rules, 1947 was made in these rules.
As observed by the Supreme Court in the case of Om Prakash Shukla AIR 1986 SC 1043,
the provisions made in the Rules for the Recruitment of Ministerial Staff to the
Subordinate Offices, 1950, as amended from time to time, still hold good in so far as
recruitment to the ministerial establishments in the subordinate courts is concerned.
The Rules for the recruitment of Ministerial Staff to the Subordinate Offices,
1950, as amended from time to time, should, therefore, be followed and acted upon until
necessary amendments are made in the appropriate rules. The notification No. 27/l-72Appointment-4 dated November 1, 1973 was published in the U.P. Gazette, Part I-A,
dated November 17, 1973 embodying the recruitment of Ministerial Staff to the
Subordinate Offices (Amendment) Rules, 1973 which prescribe latest syllabus applicable
to the test (see Annexure).
The selection and appointments, if any, made before March 18, 1986 when the
Supreme Court gave its decision in the case of Om Prakash Shukla (Supra) on the basis
of the Subordinate Civil Courts Ministerial Establishment (Amendment) Rules, 1969,
which were circulated through Court‟s Circular Endorsement No, 118 dated October 30,
1969, shall remain undisturbed.
ANNEXURE
The Recruitment of Ministerial Staff to the Subordinate Offices (Amendment)
Rules, 1973.
1.
Short title and commencement. - (1) These rules may be called the Recruitment
of Ministerial Staff to the Subordinate Offices (Amendment) Rules, 1973.