JUDGMENT :

Krishna Rao, J.

1. This appeal is directed against the order passed by the Ld. Single Judge in WPA No. 23331 of 2019 dt. 08.03.2021 wherein and where under the Ld. Single Judge has directed the High Court Administration to conduct a separate and independent written test for the petitioner to participate in the aforesaid promotion process from the post of Assistant Registrar to Deputy Registrar. If, the petitioner succeeds in such written test and the interview thereafter and he shall be afforded promotion. This Court is not inclined to interfere with the next promotional process from the post of Deputy Registrar to the post of Joint Registrar.

2. On 04.2.2019, the Joint Registrar, General Administration, High Court at Calcutta issued a notice upon 15 Assistant Registrars to appear at a selection process, to be conducted by the High Court Selection Committee in connection with assessing the performance of the candidates for selection to the three (3) vacant posts of Deputy Registrars in the General Administration of the High Court at Calcutta created for smooth functioning of Commercial Appellate Division, for the purpose of digitization project of disposed of as well as pending case records of the High Court at Calcutta and setting up of a separate vigilance wing under the Registry of the Calcutta High Court schedule to be held on 12.12.2019 and 13.12.2019 at 05:00 p.m. onwards.

3. In the said notice, it is further mentioned that the selection shall comprise a written test carrying 30 (thirty) marks scheduled to be held on 12.12.2019 and viva voce/interview of 10 (ten) marks to be held on 13.12.2019 and 10 (ten) marks are to be allotted for their service records. In the said notice, syllabus of written test was also indicated which are as follows:-

i) Overall concept about the duties and responsibilities of Deputy Registrars.

ii) General knowledge about High Court affairs.

4. Out of the 15 Assistant Registrars, two Assistant Registrars namely Jaladhar Puil and Shri Sukumar Bag have submitted their unwillingness to appear in the said selection process and accordingly instead of the said two Assistant Registrars, another two Assistant Registrars namely Pratap Kumar Mondal and Shri Debashis Bhattacharjee – II were considered to appear in the said selection process vide notice dt.09.12.2019.

5. Being aggrieved with the notice dt. 09.12.2019, the respondent herein had submitted a representation on 10.12.2019 and prayed for a direction to allow all the willing incumbents of Assistant Registrars to participate in the selection process in terms of Calcutta High Court Service (Appellate Side) Categorization of Posts, Channels of Promotion and Principles of Seniority Rules, 1986.

6. As the request of the respondent was not considered and accordingly the respondent had preferred writ application being WPA No. 23331 of 2019 before the Ld. Single Bench.

7. The Ld. Counsel for the appellant submits that the Hon’ble Selection Committee comprising of three Hon’ble Senior Judges of this Court have taken the decision to permit 15 candidates from the feeder post of Assistant Registrars to participate in the selection process for filling up three vacant posts of Deputy Registrars in the General Branch of this Court as per the provisions laid down under the Normal Zone of Consideration for Promotion Rules, 1982 under Article 229 (2) of the Constitution of India, which is still subsisting. It is further contended that the Calcutta High Court Service (Appellate Side) Categorization of Posts, Channels of Promotion and Principle of Seniority Rules, 1986 cannot be construed, read or interpreted in a manner so as to render the Normal Zone of Consideration for Promotion Rules, 1982 framed under Article 229 (2) of the Constitution of India completely nugatory or otiose.

8. Ld. Counsel for the appellant further submits that the Normal Zone of Consider