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2014 Supreme(Mad) 4377

SANJAY KISHAN KAUL, M.SATHYANARAYANAN
M. Vetri Selvan – Appellant
Versus
High Court of Judicature at Madras, Represented by the Registrar General – Respondent


Advocates Appeared:
For the Petitioners:M. Radhakrishnan, N.G.R. Prasad, K. Thilageswaran, Advocates, AR.L. Sundaresan, Senior Counsel.
For the Respondents:C.T. Mohan, V. Anilkumar, S.R. Rajagopal, Advocates.

Judgment

1. The employees of the Madras High Court are governed by the Madras High Court Service Rules, 1955 (hereinafter referred to as “the Rules”), which have been framed in exercise of the powers conferred by Articles 229(1) and (2) of the Constitution of India relating to their salaries, allowances, leave and pensions. These Rules came into force on 1.1.1955 and have been amended from time to time.

2. In this batch of writ petitions except one (W.P. No.21542 of 2013), the employees seek to assail the amendments to the Rules made qua promotions to the post of Assistant Registrar and thereafter. The effect of the two amendments which are in question is that, while earlier for the purpose of promotion to the post of Assistant Registrar and upwards, the requirement was to hold a Law Degree of any University, the insertion of a proviso in the year 2007 sought to qualify persons having a non-practising degree, i.e., which is not recognised by the Bar Council of India, upto the post of the Joint Registrar, thought not to the post of Registrar (Assistant Registrar to Deputy Registrar to Joint Registrar). The second proviso sought to restrict such persons with non-practising degree only






































































































































































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