S.S.SANDHAWALIA, J.

1. The two salient constitutional issues which arise in this reference to the Full Bench may be conveniently formulated in the following terms:-

(1) Whether the control of the High Court over District Courts and the Courts Subordinate thereto, as envisaged by Art. 235 of the Constitution, extends to all the functionaries attached to the said Courts.

(2) If so, whether the promotion of such functionaries is exclusively within the ambit of the control of the High Court.

The facts giving rise to the above and also other legal issues are not in serious dispute. Amar Singh, petitioner, joined Government service in 1944, but on the separation of the Executive from the Judiciary, he was assigned to the latter, as a Clerk, on 28.02.1965. He was later promoted as an Assistant and confirmed as such and, at present is holding the post of Clerk of Court to the Senior Subordinate Judge, Amritsar. He is a graduate but his particular claim is that he belongs to the Kamboj community which has been declared as a backward class by the Government. Reliance is placed on Chapter 18-A of the High Court Rules and Orders, Volume I, for the averment that for promotion to the pos