The second proviso to Rule 15(2) of the Subordinate Civil Courts Ministerial Establishment Rules, 1947 applies only to persons who had already got an officiating chance and not otherwise disqualified at the time the Rules came into force.

The short question involved in the writ petition is as to whether the petitioner is entitled to be absorbed in Class III service in the ministerial staff of Judgeship of Allahabad district on the basis of a short term appointment.

2. Briefly, the facts are that the District Judge, Allahabad issued an advertisement on 30-11-1980 in the newspaper for recruitment in Class III posts and Hindi and English stenographer in Allahabad Judgeship.

The petitioner and various other candidates in pursuance of the said advertise ment applied for appointment to the post.

3 On 18th January, 1981 written test of the candidates was taken and they were interviewed between 20-5-1981 and 22-5-1981. On the basis of the written test and interview the list of the successful approved candidates was published on 29th June, 1981 containing the name of 150 candidates. The name of the petitioner was at serial No. 78 bearing Roll No, 494. On or about 1st July, 1981 candidate s at serial Nos. 1 to 28 of the list were offerred appointment and except the candidates at serial Nos. 2 and 27 all others joined. In the approved list dated 29th June, 1981 certain conditions were prescribed. Condition No. 1 provided that the candidates will be offered appointment on the basis of the seniority whenever the vacancy occurs. Condition No. 2 provided that the candidates will have to take departmental training for six weeks and thereafter they have to appear in the departmental examination which was compulsory to be passed. In case the candidates performance was found unsatisfactory during the training or they failed to pass departmental examination, their names shall be removed from the approved list. It was further provided that the inter se seniority of the candidates shall be determined after the candidates take training and departmental examination. It appears that all the candidates who were on the approved list of the successful candidates dated 29th June, 1981 were required to obtain departmental training though they have not been offered appointment to any vacant post except the candidates who were at serial Not. 1 to 28. Almost all the candidates pf the approved list took departmental training for six months between the period 15th July, 1981 to 31st August, 1981 and thereafter appeared in departmental examination.

4. The District Judge on the basis of the departmental examination prepared another list on 30th Jane, 1982. In this list candidates were men tioned in three categories A, B and C Under category a the candidates who secured 60 per cant and above marks were mentioned. Those who obtained above 45 per cent and below 60 per cent were mentioned in category b and those who obtained below 45 per cent marks were mentions in category c. In the list 31 candidates were shown in grade a 32 candi dates in grade b and 78 candidates in grade c. The petitioner was shown at serial No. 4 in grade b.

5. On 1st December, 1992 the succeeding District Judge took the view that the first list published on 29th June, 1981 shall be taken to be a valid one for the purpose of recruitment under the Rule; of the Subordinate Civil Courts Ministerial Establishment Rules, 1947 (hereinafter referred to as the Rules ). The second list was prepared on 30th June, 1982, On 16-12-1^82 he was of the opinion that Rule 14 of the Rules contemplates only one list and after the list was prepared the second list could not be prepared merely on the ground that the candidates were to undergo a departmental training and examination. The period of the first list, expired after one year under sub-rule (3) of Rule 14 of the Rules. He further found that some candidates were given short term appointment on the basis of the list approved by his

predecessor and he decided to interview all the candidates who were given short term appointment so that the appointment of some candidates could be made on ad hoc basis.

6. On 16-12-1982 he prepared the list of 18 persons and on 5th August, 1983 lis