Eligibility for recruitment to the Chief Administrative Officer position requires specific experience as per the Assam District & Sessions Judges Establishment (Ministerial) Service Rule, 1987.

JUDGMENT :

N. Unni Krishnan Nair, J.

Heard Mr. B. Dutta, learned senior counsel, assisted by Mr. J. Das, learned counsel, appearing on behalf of the appellant. Also heard Mr. D. K. Sarmah, learned Addl. Senior Government Advocate, appearing on behalf of respondent No. 1; and Mr. Hridip Kumar Das, learned standing counsel, Gauhati High Court, appearing on behalf of respondents No. 2, 3, 4 & 5.

2. The challenge in the present intra-Court appeal is to a judgment & order, dated 25.02.2025, passed by the learned Single Judge in WP(c)363/2024, dismissing the same and thereby, rejecting the challenge to the advertisement, dated 10.01.2024, issued by the learned District & Sessions Judge, Tinsukia, for recruitment against the post of Chief Administrative Officer.

3. The learned District & Sessions Judge, Tinsukia, vide advertisement, dated 10.01.2024, invited applications for filling-up of a vacant post of Chief Administrative Officer available in his establishment. The advertisement mandated the intending candidate to have the experience of serving as a Sheristader of the Additional District & Sessions Judge, or, as a Head Assistant in the District & Sessions Judge’s establishment, continuously, for a period of at least 5(five) years.

4. The challenge of the appellant, herein, to the advertisement, dated 10.01.2024, was on the ground that the same did not mandate possession by the intending candidate of a graduate qualification for being eligible to apply against the post of Chief Administrative Officer.

5. The appellant, herein, had further projected that similar advertisements issued for recruitment against the post of Sheristader(now rechristened as Chief Administrative Officer) in various District & Sessions Judges’ establishments in the State of Assam, had mandated that the intending candidate must possess a graduate qualification in addition to other requisite criteria mandated for recruitment to the post of Chief Administrative Officer.

6. At this stage, it is to be noted that the appellant, herein, was, at the relevant point of time, serving as a Sheristader in the establishment of the Assistant District & Sessions Judge, equivalent to the establishment of the Civil Judge(Sr. Division).

7. The recruitment to the post of Sheristader(now rechristened as Chief Administrative Officer) in the establishment of a District & Sessions Judge, is governed by the provisions of the Assam District & Sessions Judges Establishment(Ministerial) Service Rule, 1987.

8. Rule 6(1) of the said Assam District & Sessions Judges Establishment(Ministerial) Service Rule, 1987, lays down the manner of recruitment to the post of Sheristader in a District & Sessions Judge’s establishment. Rule 6 of the said Rule of 1987, being relevant, is extracted hereinbelow:

“6. Recruitment to the service shall be made by the appointing authority according to the procedure laid down below-

(1) Sheristadar of District & Sessions Judge - By selection from amongst the persons who must have served continuously as Sheristadar of Additional District & Sessions Judge or as Head Assistant.”

9. A perusal of the provisions of Rule 6(1) of the Assam District & Sessions Judges Establishment(Ministerial) Service Rule, 1987, would go to reveal that the post of Sheristader(Chief Administrative Officer) is required to be so recruited from amongst the persons who had served continuously as Sheristader in the establishment of Additional District & Sessions Judge, and/or, as a Head Assistant in the establishment of District & Sessions Judge for a period of at least 5(five) years.

10. Admittedly, the appellant, herein, was not holding the post of, either, the Sheristader(Chief Administrative Officer) in the establishment of Additional District & Sessions Judge, and/or, the post of Head Assistant, in the establishment of the District & Sessions Judge. Accordingly, the appellant, herein, cannot be held to be a person fulfilling the eligibility criteria as mandated in the Assam District & Sessions Judge