Karnataka HC allows Writ to Set Aside the Appointment of Deputy Registrars for Karnataka HC

Must Read

Police To Decide on the Entry of Farmers To Delhi on Republic Day Says Supreme Court

While the Supreme Court heard a plea seeking an injunction against the tractor rally that is scheduled for January 26th, it held that it is the decision of the Delhi Police officers to see whether the protesting farmers should get entry into Delhi on Republic Day.

[Sushant Singh Rajput Case]: Republic TV & Times Now Hindered Investigation Probe Says Bombay HC

In November last year, the Court had reserved its judgement on the PILs that came from 8 former police officers from Maharashtra, lawyers, activists and NGOs, seeking restraining orders against the media trial in the Sushant Singh Rajput case.

Women Advocates Move To Supreme Court Against the Delhi HC Orders on Resuming Physical Hearing

Another writ petition has been filed by women advocates in the Supreme Court against the decision of the Delhi HC of directing the expansion of physical hearing of cases within the National Capital Territory of Delhi without giving an option to litigants to be represented by their lawyers virtually.

Gujarat High Court Allows Report Filed by Official Liquidator for Dissolution of the Company

The present report had been filed by the Official Liquidator for the dissolution of M/s AtRo Limited under the...

[WhatsApp Privacy Policy Row] It’s a Private App, Don’t Use It; Says Delhi High Court

On Monday, while hearing a petition regarding the privacy policy of WhatsApp, the Delhi High Court said, “It is a private app. Don't join it. It is a voluntary thing, don't accept it. Use some other app.”

Madras High Court Asks the State To Reconsider Number of Seats Allotted for Bcm Category

Mr. Shakkiya filed a Writ Petition under Article 226 of the Indian Constitution to issue a Writ of Mandamus....

Follow us

The writ was allowed to quash the Notification passed by The Registrar General, High Court of Karnataka in the appointment of Deputy Registrar (Secretarial Services).

Facts regarding the Appointment of Deputy Registrars

The petitioners namely N Mahesha and Doreraj A K were appointed as Stenographer in 1990s on the establishment of High Court of Karnataka. Later, they were promoted to the cadre of Judgment Writer, Senior Judgment Writer and Assistant Registrar (Secretarial Services). Petitioners and 4 others were called for interview for the post of Deputy Registrar (Secretarial Services) on 01.09.2016, but they were not selected.

Later, to fill vacancies of Deputy Registrar on 07.11.2017 the then Acting Chief Justice appointed a Committee consisting of three Hon’ble Judges to carry out the selection process for filling up of two vacant posts in the cadre of Deputy Registrar (Secretarial Services). Along with petitioners, other six officers were called for an interview.

As per the resolution passed by Selection Committee prior to the interview, Respondents namely Rahimunnissa and  P Jayakumar were selected on the basis of the marks obtained by the candidates in the interview and after scrutinizing the Annual Performance Reports for the last 5 years.

Arguments of the Counsel

Learned counsel for the petitioners vehemently contended that the petitioners are the seniors than the Respondents namely Rahimunnissa and P Jayakumar in the final seniority list of 2016 in the cadre of Assistant Registrar (Secretarial Services) and also submitted that in the process of selection to the post of Deputy Registrar (Secretarial Services), the official – respondents have not adhered to the Rules of Recruitment governing the post of Deputy Registrar (Secretarial Services) to the effect that seniority and order of preference to the Law Graduates has been ignored. Further, it was contended that Rules are silent in respect of holding interview and award of marks under various heads. Therefore, the Selection Committee has exceeded its jurisdiction in laying criteria like interview and fixation of marks and award of marks, they are abiding by the Rules governing the post of Deputy Registrar (Secretarial Services), in laying criteria like holding of interview and determining award of marks and minimum ten marks to each of the Members of the Committee are impermissible and contrary to Mode of Selection prescribed under Rules, 2013. The then Acting Chief Justice has authorized the Committee only for the purpose of selection of two Assistant Registrar (Secretarial Services) for promotion to the post of Deputy Registrar (Secretarial Services), neither Rules nor the then Acting Chief Justice has evolved the criteria relating to holding of interview and award of marks under various heads. Therefore, in the absence of Rules in respect of holding interview and award of marks under various heads by the Committee is without the authority of law. Thus the petitioner, feeling unsatisfied filed the writ petition praying to quash the notification.

Decision of the Court

The Court after hearing both the parties allowed the writ petition and came to the view that the Selection Committee laying down the criteria of holding of interview, fixation of 30 marks and allotment of 10 marks to each of the member for award of marks to the candidates, who have appeared for the interview for the post of Deputy Registrar (Secretarial Services), is without authority of law, since Rules, 2013 do not provide for holding of interview and award of marks by the Selection Committee.  Therefore, the order of promotion was set aside.

[googlepdf url=”https://libertatem.in/wp-content/uploads/2019/11/Karnataka-HC-allows-Write-to-Set-Aside-the-Appointment-of-Deputy-Registrars-for-Karnataka-HC.pdf” download=”Download Judgement PDF” width=”100%” height=”900″]


Contribute stories like this and help us spread awareness for a better society. Submit Your Post Now. You can also join our Courtroom team and regularly contribute cases like the above one.

For more Courtroom Updates, check out our Courtroom Page

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Police To Decide on the Entry of Farmers To Delhi on Republic Day Says Supreme Court

While the Supreme Court heard a plea seeking an injunction against the tractor rally that is scheduled for January 26th, it held that it is the decision of the Delhi Police officers to see whether the protesting farmers should get entry into Delhi on Republic Day.

[Sushant Singh Rajput Case]: Republic TV & Times Now Hindered Investigation Probe Says Bombay HC

In November last year, the Court had reserved its judgement on the PILs that came from 8 former police officers from Maharashtra, lawyers, activists and NGOs, seeking restraining orders against the media trial in the Sushant Singh Rajput case.

Women Advocates Move To Supreme Court Against the Delhi HC Orders on Resuming Physical Hearing

Another writ petition has been filed by women advocates in the Supreme Court against the decision of the Delhi HC of directing the expansion of physical hearing of cases within the National Capital Territory of Delhi without giving an option to litigants to be represented by their lawyers virtually.

Gujarat High Court Allows Report Filed by Official Liquidator for Dissolution of the Company

The present report had been filed by the Official Liquidator for the dissolution of M/s AtRo Limited under the provisions of Section 497 (6)...

[WhatsApp Privacy Policy Row] It’s a Private App, Don’t Use It; Says Delhi High Court

On Monday, while hearing a petition regarding the privacy policy of WhatsApp, the Delhi High Court said, “It is a private app. Don't join it. It is a voluntary thing, don't accept it. Use some other app.”

Madras High Court Asks the State To Reconsider Number of Seats Allotted for Bcm Category

Mr. Shakkiya filed a Writ Petition under Article 226 of the Indian Constitution to issue a Writ of Mandamus. The petition sought to direct...

Gujarat High Court Directs To Register Name of Petitioners in the Society Records as Owners of Property, as per Will

A single-judge bench of Gujarat High Court consisting of Honourable Justice Biren Vaishnav, because probate wasn’t necessary and that the petitioners were entitled to...

If No Complaint Is Filed, No Further Orders Are Required To Be Passed: Telangana High Court

Excerpt In Matlakunta Sundaramma vs The State Of Telangana, on January 8, 2021, the Telangana High Court decided that there is no requirement of passing...

Gujarat High Court Allows Report Filed by Official Liquidator for Dissolution of the Company

The present report had been filed by the Official Liquidator for the dissolution of M/s AtRo Limited under the provisions of Section 497 (6)...

Parents of Road Accident Victim Entitled To Compensation: Delhi High Court

Justice JR Midha said, “Even if parents are not dependent on their children at the time of an accident, they will certainly be dependent, both financially and emotionally, upon them at the later stage of their life, as the children were dependent upon their parents in their initial years.”

More Articles Like This

- Advertisement -