IMPORTANT POINT
The court established that a promotion panel based on seniority-cum-merit remains valid until fully utilized, contrasting it with merit-cum-seniority processes.

ORDER :

Per, Shree Chandrashekhar, J

Manju Thanthera and twenty other Judicial Assistants (J.A.) in the High Court of Rajasthan have made the following prayers in this Writ Petition:-

“It is, therefore, respectfully prayed that this writ petition may kindly be allowed with costs; and

A. By an appropriate writ, order or direction the Respondents may be directed not to further make any promotion/joining on the post of Stamp Reporter-cum-Court Fee Examiners from the qualifying list issued vide Order dated 11.12.2018 (treated as panel list) (Annex.03).

B. By an appropriate writ, order or direction the Respondents may be directed to determine the vacant list of Stamp Reporter cum Court Fee Examiner and conduct the departmental exam for the vacant posts (as on 2021-2022) while permitting the petitioners to appear in the said Exams.

C. By an appropriate writ order or direction, the Respondents may kindly be directed to consider the candidature of the petitioners on the post of Stamp Reporter cum Court Fee Examiner if found eligible in the departmental exam with all consequential benefits.

D. Any other appropriate order or relief which this Hon'ble Court may deem just and proper in the facts and circumstances of this case may also kindly be passed in favour of the humble Petitioner.

E. Writ petition filed by the petitioners may kindly be allowed with costs.”

2. These Junior Judicial Assistants have assailed the merit list issued vide order dated 11th December 2018 as illegal solely on the ground that the said panel prepared pursuant to the departmental examination conducted in November 2018 shall lapse after one year. Moving further with such a plea, they are seeking a direction for holding a departmental examination for the vacant post of Stamp Reporter-cum-Court Fee Examiner as on 2021-22, after determining the vacancy for such post.

3. After having heard the learned counsels appearing for the parties, we have formed an opinion that no relief can be granted to the petitioners in this writ petition.

4. The petitioners have pleaded that they were selected and appointed as Junior Judicial Assistant in the High Court of Rajasthan vide appointment orders dated 24th September 2016 and 17th October 2016 and they were promoted in due course and are presently working at Judicial Assistant (J.A.). The post of Stamp Reporter-cum-Court Fee Examiner is filled up through promotion on the recommendation of a Committee nominated by the Appointing Authority. Such an exercise was undertaking in November 2018 and, in connection therewith, a departmental examination was conducted to fill up 16 posts of Stamp Reporter-cum-Court Fee Examiner. The petitioners have pleaded that 291 eligible candidates had participated in the departmental examination and a list of candidates was prepared who had qualified the departmental examination. Pursuant thereto, an order was issued on 21st December 2018 for appointment of 16 persons who were promoted to the post of Stamp Reporter-cum-Court Fee Examiner.

5. According to the petitioners, three other Judicial Assistants or Officials in the equivalent or above Grade but below the Grade of Stamp Reporter-cum-Court Fee Examiner were promoted in March 2019 and January 2020. They have further pleaded that 15 more such Judicial Assistants from the same merit list were promoted in August 2021 to the post of Stamp Reporter-cum-Court Fee Examiner. They have endeavored to draw a parallel with the departmental examination for Judicial Assistants and Translators to put forth a ground that no panel list (reserved list) should have been prepared pursuant to the departmental examination held in November 2018. They have also referred to the departmental examination held in the year 2008-09 for the post of Stamp Reporter-cum-Court Fee Examiner. These petitioners seem to have tried to ventilate their grievance before the competent authority on 17th June 2020 and filed a detailed representation on 4th June 2020. However, no response came from the co