IMPORTANT POINT
The court established that clubbing of posts for promotion does not violate constitutional rights if done in good faith and to address service needs.

JUDGMENT :

MADHURESH PRASAD, J.

1. The present memorandum is filed by the High Court at Calcutta by way of intra-Court Appeal, being aggrieved and dissatisfied with the judgment and order dated 14thJuly, 2023 passed in W.P.O. No. 1238 of 2023 whereby and whereunder the learned Single Judge has directed the learned Registrar, Original Side, to dispose of the representations dated 04.01.2021, 18.03.2021, 19.03.2021 and 28.03.2021 filed by the writ petitioners. The order mandates passing of a reasoned order within four weeks after affording an opportunity of hearing to the representationist. The learned Single Judge has restrained the authority from publishing the result of the promotional process till disposal of the representations.

2. The brief factual matrix leading to filing of the writ petition commences from issuance of one notice dated 01.06.2023. The notice was in terms of the resolution dated 18.05.2023 adopted by the Recruitments and Promotion (High Court) Committee (‘HC Committee’ for short) duly approved by the Hon’ble the Chief Justice regarding selection process for the newly sanctioned post of Deputy Registrar (Legal). In terms of the notice dated 01.06.2023, the selection process was scheduled to be held from amongst the Assistant Registrar (Direct Recruit from Legal Profession) and Stamp Reporter(s). The selection process comprised of a written test and viva voce.

3. The writ petitioners who are Assistant Registrars directly recruited from the legal profession were offended by the fact that the notice invited willingness/ unwillingness from Stamp Reporter(s), along with the petitioners, for being considered as candidates for the selection process to the post of Deputy Registrar (Legal).According to them, clubbing of the post of Assistant Registrar (Direct Recruit from Legal Profession) along with the Stamp reporter(s), as feeder posts for selection to the post of Deputy Registrar is arbitrary and discriminatory. The post of Stamp Reporter(s) is a Grade III post, whereas the petitioners are holding Grade II posts. The clubbing, therefore, amounts to treating unequals as equals and is violative of Article 14 and 16 of the Constitution of India.

4. The writ Court after affording due consideration to the issue has directed the Registrar General, Appellate Side, High Court at Calcutta to consider the representations submitted by the writ petitioners in this regard, before publishing the result of the promotional process. The order and Judgment is thus under appeal at the instance of the High Court.

5. An appeal (A.P.O.T. No. 329 of 2023) has also been filed by the writ petitioners. It is their contention that the learned Single Judge has erred in not considering the fact that the post of Assistant Registrar is in existence since the inception of the Original Side Rules and Calcutta High Court Service Rules, 1960. The post of Stamp Reporter(s) was, however, introduced in 1974 in the Original Side Rules. The learned Single Judge also erred in not taking into consideration the higher rank of the post of Assistant Registrar in comparison to the Stamp Reporter(s), who as per their case are not entitled to be within the zone of consideration, at par with the writ petitioners for the post of Deputy Registrar (Legal). Another distinguishing feature is that the post of Assistant Registrar has promotional avenues, which was absent in the case of Stamp Reporter(s). The writ petitioners are aggrieved by dilution of their promotional prospects on account of inclusion of the Stamp Reporter(s) within the zone of consideration for the promotional process. Since the post of Deputy Registrar (Legal) was a new post being filled up for the first time, the process for appointment by way of promotion to the said post was required to be preceded by consultation with the Governor of the State as contemplated under Article 229 of the Constitution of India and by framing rules in this regard accordingly. The nature of duties performed by the Assist