By the Court.—These two writ petitions pertain to appointment on the posts of Joint Registrar in the establishment of the Allahabad High Court covered by Allahabad High Court Officers and Staff (Conditions of Service and Conduct) Rules 1976 (hereinafter referred to as the Rules 1976). These petitions have been filed by the Deputy Registrars working in the establishment of the Allahabad High Court. Both the writ petitions have been clubbed and are being decided by means of this common judgment.

2. The first writ petition No. 45941 of 2013 has been filed by the Deputy Registrars who have to their credit a degree of law from a recognized University. They pray, that appointment on the post of the Joint Registrars by way of promotion may be made only from amongst such Deputy Registrars who are possessed of a degree of law from a recognized University. All other Deputy Registrars who do not possess a degree of law be excluded from the zone of consideration. Their submission is based on reading of Rule 20 (d) of Rules 1976 as also on the plea that several Committees of Hon’ble Judges have emphasized since 1994 repeatedly that a degree of law must be the minimum educational qualification for appointment on the post of the Joint Registrar. Such essential qualifications could not be diluted/substituted by merely providing three months training at Judicial Training and Research Institute, Lucknow (hereinafter referred to as J.T.R.I.) to the Deputy Registrar who did not have degree of law.

3. According to them, three months training at J.T.R.I. imparted to the Deputy Registrars, who did not have a degree of law, is only an eyewash. Such training of three months cannot be equated with a degree of law. It is their case that the training has to be an effective training so that the incumbents who do not have a degree of law may be equated with the holder of a law degree so as to be brought within the zone of consideration like law degree holders for promotion as Joint Registrar.

4. The 2nd Writ petition No. 11142 of 2014 has been filed by the Deputy Registrars who do not have a degree of law. They seek quashing of Rule 20 (d) along with its proviso. The prayer made before the Court is, that the amendments as introduced in the Rule 20 (d) of 1976 Rules in the year 1994 be declared ultra-vires the original Rules 1976 and to the Constitution of India. They pray for a writ of mandamus for the claim of all the Deputy Registrars working in the establishment of the High Court to be considered for promotion on the post of Joint Registrar in accordance with law as was existing prior to the amendment in the year 1994 i.e. when the degree of law was not an essential qualification for being considered for promotion on the post of Joint Registrar.

5. Before entering into niceties of the submissions made on behalf of the parties as well as the High Court in support of their respective claims, we deem it fit and proper to record the history of the amendments which have been introduced in the Rules 1976 in so far as it pertains to the mode and manner of the appointment on the post of Joint Registrars in the establishment of the High Court.

6. It is admitted to the parties that prior to 6.10.1994 under Rules 20 (d), appointment on the post of Joint Registrar was by way of merit only. On 6.10.1994, a report was submitted by a Committee comprising of three Hon’ble Judges to the effect that for the post of Joint Registrar, a degree of law must be the minimum educational qualification. This report was approved by Hon’ble The Chief Justice on 11.11.1994. A notification was issued making amendments in the Rule 20 (d) on 13.12.1994 to the following effect:

“In exercise of powers conferred by clause (2) of Article 229 of the Constitution of India and all other powers enabling in that behalf, Hon’ble the Chief Justice has been pleased to make the following amendments in Allahabad High Court Officers and Staff (Conditions of Service and Conduct) Rules, 1976:

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