Point of Law; whether Skill Test can be directed to be re-conducted when such a procedure is not contemplated in the Recruitment Rules - In the absence of a Rule, surely no direction for conducting the Skill Test can be given; and thirdly, even otherwise no such direction can be given in view of the decision of the Recruitment Committee which clearly held that there was no illegality in the conduct of the Skill Test

JUDGMENT :

V. KAMESWAR RAO, J.

1. The present petition has been filed with the following prayers:

“In view of foregoing, it is most respectfully prayed that:

(a) Issue Writ of mandamus and/or any other appropriate writ, order and/or direction in the nature thereof, thereby directing the Respondents to quash and set aside Notice dated 07.12.2020 issued by Respondent No.2 whereby the Petitioners and other similarly situated candidates were called for the Skill Test/Typing Test for the post of Personal Assistant which was held from 29.12.2020 to 12.01.2021 in the various centers in the interest of justice; and

(b) Issue Writ of mandamus and/or any other appropriate writ, order and/or direction in the nature thereof, thereby directing to the Respondents to re-conduct the Skill/Typing Test for the post of Personal Assistant which was held from 29.12.2020 to 12.01.2021 in the various centers in the interest of justice: and/or

(c) Issue Writ of mandamus and/or any other appropriate writ, order and/or direction in the nature thereof, thereby directing to quash and set aside over all result of skill test for the Post of Personal Assistant (PA) declared on 15.02.2021 by the Respondents in the interest of justice: and/or

(d) any other order(s), which this Hon’ble High Court may deem fit and proper, under the facts and circumstances of the case, may also be passed in favour of the petitioner and against the Respondents.”

2. It is noted from the petition that the Office of the District and Session Judge (HQ) had issued an advertisement and common instructions by way of public notice dated September 14, 2019 and invited applications for the recruitment to the vacant posts of Senior Personal Assistant, Personal Assistant, Junior Judicial Assistant and Data Entry Operator for the Office of the District and Session Judge (HQ) and Office of Principal Judge, Family Courts (HQ) New Delhi. It is stated in the said advertisement, the Office of the District and Session Judge (HQ) also issued common instructions to the candidates regarding educational qualification, important dates for the examination, skill test examination and general instructions. In this regard, I shall reproduce the relevant clauses of the said advertisement filed with the petition as Annexure-B. The relevant clauses read as under:

13. EDUCATIONAL QUALIFICATION: - The details regarding name of the post(s), post codes, Exam Mode & educational qualifications as per the Recruitment Rules provided are as under:

Sl. No. Post Code Exam Mode Post Educational Qualification

01. A-1 Objective Test, Descriptive Test, Skill Test & Interview Senior Personal Assistant Graduate with speed of not less than 110 wpm in shorthand and 40 wpm in typewriting.

02. A-2 Objective Test, Descriptive Test, Skill Test & Interview Personal Assistant Graduate with speed of not less than 100 words per minute and typing speed of 40 words per minute and having knowledge of Computer.

17. Scheme of examination:-

Tier-1:- The Objective & Descriptive Test for the post of Sr. Personal Assistant & Personal Assistant shall contain Questions on General English & Comprehension, General Knowledge (Including Current Affairs) and General Intelligence which would be qualifying in nature. The merit will be prepared on the basis of Descriptive Type Test.

Part Exam Type Subjects Questions Marks Duration of Exam. Total Duration/Timing for General Candidates Total Duration/Timing for(OL/BL Candidates).

Part-I Objective Type (MCQ) General English & Comprehension 50 50 90 Minutes Duration:- 90 Minutes Duration:- 120 Minutes

Part-II General Knowledge (including Current Affair) 20 20

Part-III General Intelligence 20 20

Total 90 90

Part-IV Descriptive Type (English Language) Essay (250 Words) 01 30 90 Minutes Duration:- 90 Minutes Duration:- 120 Minutes

Part-V Grammar 25 25

Part-VI Translation 20 20

Total 75 75

Tier-1:- The Objective Test for the post