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2025 Supreme(Raj) 4
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE SHREE CHANDRASHEKHAR, MR. JUSTICE KULDEEP MATHUR, JJ
Twinkle Singh Daughter Of Shri Dharmendra Singh - Appellant
Versus
The High Court Of Judicature For Rajasthan - Respondent
D.B. Civil Writ Petition No. 7829/2024
Decided On : 03-03-2025
For the Appellant :Mr. Lokesh Mathur, Advocate
For the Respondent:Ms. Abhilasha Bora with Ms. Khushbu Choudhary, Advocates
The court ruled that promotion based on seniority must include an Efficiency Test, and past exemptions do not establish a legal right for future promotions.
Headnote:
(A) Constitution of India - Article 229 - Rajasthan High Court Staff Service Rules, 2002 - Promotion criteria - Petitioners, Junior Personal Assistants, challenged the requirement to appear for an Efficiency Test for promotion to Personal Assistant-cum-Judgment Writer, seeking promotion based on seniority. The court noted previous exemptions granted and the Chief Justice's authority under Article 229 to prescribe service conditions. The court held that the petitioners cannot claim a right to exemption from the Efficiency Test, emphasizing the necessity of efficiency in modern roles. (Paras 5, 10, 19, 21)
(B) Promotion - Efficiency Test - The court reaffirmed that promotions are contingent upon performance in the Efficiency Test and seniority, underscoring that the petitioners' challenges do not constitute hostile discrimination. The court allowed the petitioners' prayer for exemption from the Efficiency Test for their specific batch, while maintaining the integrity of the recruitment process. (Paras 20, 22)
(C) Legal standing - The court clarified that a writ of mandamus cannot compel the Chief Justice to relax rules without a legal right established by the petitioners. (Paras 17, 18)
JUDGMENT :
Shree Chandrashekhar, J.
Ten Junior Personal Assistants employed under the establishment of the Rajasthan High Court at Jodhpur are aggrieved by the notice issued on 01st May 2024 by the Registrar (Examination) requiring them to appear in the Efficiency Test for promotion to the post of Personal Assistant-cum-Judgment Writer. According to the petitioners, they cannot be subjected to the Efficiency Test and their candidature for promotion to the post of Personal Assistant-cum-Judgment Writer should be considered applying the criteria of seniority in the rank of the Junior Personal Assistant.
2. By an order dated 14th May 2024, a co-ordinate Bench of this Court permitted the High Court to continue with the process of promotion to the post of Personal Assistant-cum-Judgment Writer. But there was a rider that the actual promotion shall not be granted without prior permission of the Court. This Court further observed that the participation of the petitioners in the Efficiency Test shall not prejudice their rights to contest the matter on merits.
3. The petitioners have made the following prayers :-
“It is, therefore, respectfully prayed that this Writ Petition may kindly be accepted and allowed and:-
a) by an appropriate writ, order or direction, notice dated 01.05.2024 (Annex.7) issued by Registrar (Examination), Rajasthan High Court for holding efficiency test for promotion to the post of Personal Assistant-cum-Judgment Writer may be quashed and set aside;
b) by an appropriate writ, order or direction, Rajasthan High Court, may be directed to not to hold any efficiency test for the petitioners for considering them for promotion to the post of Personal Assistant-cum-Judgment Writer;
c) by an appropriate writ, order or direction, Rajasthan High Court may be directed to promote the petitioners on the post of Personal Assistant-cum-Judgment Writer relaxing the criteria of efficiency test;
d) alternatively, by an appropriate writ, order or direction, holding of efficiency test for Junior Personal Assistants appointed vide order dated 02.03.2020 on 15.05.2024 under notice dated 09.05.2024 (Annex.10) along with petitioners be declared unreasonable and unjust and it may be directed that same be held after efficiency test is held for the petitioners followed by the result thereof qua the petitioners so also the consequential promotion of the petitioners on the post of Personal Assistant-cum-Judgment Writer.
e) Any other order or direction, which this Hon'ble Court deems just and proper be passed in favour of the petitioners;
f) Costs of this petition may kindly be allowed to the petitioners;”
4. The petitioners have pleaded that an advertisement for appointment on the post of Junior Personal Assistant was published on 08th September 2015 and a recruitment exercise was undertaken by the Rajasthan High Court. The final result was published on 25th February 2016 and ninety-two persons were offered temporary appointment as Probationer Trainees on the fixed remuneration of Rs.13,200/- for a period of two years subject to the conditions contained in the order dated 15th March 2016 issued under the signature of the Registrar (Administration). A similar recruitment exercise was undertaken in the year 2020 and fifty-one persons selected for the post of Junior Personal Assistant were offered appointment as Probationer Trainee vide order dated 02nd March 2020. In the meantime, the petitioners completed four years in service and made a representation to the Registrar General of the Rajasthan High Court seeking promotion to the post of Personal Assistant-cum-Judgment Writer on the basis of their seniority. At that time, there were twenty-one sanctioned posts of Personal Assistant-cum-Judgment Writer out of which eighteen posts fell vacant which were filled up through promotion by an order dated 09th October 2020. Under the notice dated 01st May 2024, thirty Junior Personal Assistants were provisionally permitted to appear in the Efficiency Test (Englis
