IMPORTANT POINT
The Chief Justice has the discretion to appoint the Registrar (Establishment) from both the Principal Seat and Permanent Benches, as the Rules of 1967 do not restrict this.

JUDGMENT :

DEVASHIS BARUAH, J.

Heard Mr. D. Das, the learned Senior Counsel assisted by Mr. K. Mohammed, the learned Counsel appearing on behalf of the petitioners. I have also heard Mr. D. Nath, the learned Senior Government Advocate, Assam appearing on behalf of the Respondent Nos.1 & 3; Mr. R. Borpujari, the learned counsel appearing on behalf of the Respondent No.2 and Mr. T. J. Mahanta, the learned Senior Counsel as well as the learned Standing Counsel of the Gauhati High Court assisted by Mr. P. P. Dutta, the learned Counsel appearing on behalf of the Respondent Nos.4 & 5. None appears on behalf of the private respondents.

2. Both the writ petitions are taken up together for disposal as they are inter-connected.

3. The question involved in WP(C) No.1009/2024 is as to whether the post of Registrar (Establishment) which is a post created for the Principal Seat of the Gauhati High Court can only be filled up by incumbents from the Principal Seat or can also be filled up by incumbents from the Permanent Benches of the Gauhati High Court at Itanagar, Kohima and Aizawl?

4. To decide the said question, let this Court briefly take note of the facts which led to the filing of the writ petitions before this Court infra.

5. The post of Registrar (Establishment) along with other posts were sanctioned by the State of Assam on 10.08.2015. It is the case of the Petitioner No.1 which is an Association of Officers and Staff working in the Principal Seat of the Gauhati High Court (hereinafter referred to as ‘the Petitioner Association’) that at their request the post of Registrar (Establishment) was created. It is the specific case of the Petitioner Association that this very post of Registrar (Establishment) was all along filled up by incumbents from the Principal Seat of the Gauhati High Court. However, a notice dated 22.02.2024 was issued by the Respondent No.5 whereby not only the eligible candidates from the Principal Seat of the Gauhati High Court were called for but also the Joint Registrars of the Outlying Benches were requested to appear in an interview fixed on 23.02.2024 for selection to the post of Registrar (Establishment). The Petitioner Association immediately thereupon, submitted a representation on 22.02.2024. But as there was no redressal of their grievances, WP(C) No.1009/2024 was filed. In this writ petition, the Petitioner Association not only sought for setting aside the notice dated 22.02.2024 but also sought for declaration that the post of Registrar (Establishment) should be restricted to the incumbent holding the post of Joint Registrar at the Principal Seat of the Gauhati High Court.

6. It is seen from the records that vide an order dated 23.02.2024, the learned Coordinate Bench of this Court passed an order thereby permitting the interview process to be held on 23.02.2024 to proceed but directed that the final outcome of the interview process shall not be declared till 28.02.2024. It is further relevant to take note of that in view of the said order passed on 23.02.2024 by the learned Coordinate Bench of this Court, the Interview process which was initiated was deferred in as much as the Selection Committee was of the opinion that although there was no stay order with regard to the interview process, yet the propriety demands that the interview process should be deferred.

7. It is relevant to take note of that pursuant thereto on 24.05.2024, the Hon’ble Chief Justice of the Gauhati High Court had entrusted Shri Prithwi Balay Dutta, Joint Registrar, Itanagar Permanent Bench to discharge the duties of the Registrar (Establishment) in-Charge w.e.f. 24.05.2024. This order dated 24.05.2024 is the subject matter of challenge in the second writ petition being WP(C) No.3024/2024. The edifice of the case of the Petitioners in the second writ petition is that the order dated 24.05.2024 was passed to circumvent the order dated 23.02.2024 passed in WP(C) No.1009/20