JUDGMENT :

1. Heard Shri Radha Kant Ojha, learned Senior Advocate assisted by Shri Shivendu Ojha, learned counsel for the petitioners, Shri Sameer Sharma, learned Senior Advocate assisted by Mrs. Busra Mariyam, learned counsel for respondent nos. 2 and 3, Shri Namit Srivastava, who appears for the selected candidates and whose impleadment application was allowed on 05.12.2022, Shri Akhilesh Kumar Singh, who appears for the Intervener who had also appeared in the written examination and Shri Parvez Alam, who appears and has filed an impleadment application on behalf of candidates who had not been selected, however, their marks have not been disclosed only on account of the pendency of the writ petition.

2. The issue that arises for consideration is confined to the interpretation of Rule 8 of the Allahabad High Court Officer and Staff (Conditions of Service and Conduct) Rules 1976 as amened in the year 2021 notified on 27.03.2021.

3. The facts, in brief, are that the petitioners claimed to be working as Class-IV employees in the High Court of Judicature at Allahabad and claim that their service conditions are governed by the 1976 Rules. It is claimed that in pursuance to the amendment carried out in Rule 8 of the 1976 Rules, the petitioners were entitled for being considered for promotion and the petitioners ought to have been given the benefit of their having the CCC Certificate prior to consideration of the candidature and prior to finalization of the results.

4. It is argued that the High Court by means of a notification dated 21st December, 2020 had issued an advertisement calling for applications for appointment to 17 posts of Computer Assistant by way of promotion amongst Class-IV employees. The said advertisement is annexed as Annexure-3 to the writ petition. In terms of the said advertisement, it was incumbent upon the candidate who desirous for consideration to file an application on or before 16.01.2021. The advertisement, as issued, is quoted hereinbelow:-

"HIGH COURT OF JUDICATURE AT ALLAHABAD

ESTABLISHMENT SECTION

NOTICE

No. 6127/Establishment: Dated: Allahabad: December, 21, 2020

Applications are invited from Class IV employees of the High Court, Allahabad & Lucknow Bench having minimum qualification of High School or equivalent examination recognized by the U.P. Government and five years continuous satisfactory service in Class IV on or before 01.07.2020 for filling up 17 vacant posts in the cadre of Computer Assistant.

The promotion shall be made on the basis of merit through competitive examination. The Mode, Date and Venue of examination shall be notified later on.

The desirous candidates are required to fill up Application Form as per enclosed format and submit the same before the Registrar (J) (S&A/Establishment) through the Nazarat Section on or before 16.01.2021. Applications received after the last date will not be entertained.

Sd/-

Registrar General

Enclosure- As Above"

5. It is argued that the advertisement was in pursuance to the conditions as prescribed in the Amendment Rules of 2021. The amended Rules of 2021 particularly Rule 8 is concerned, is quoted hereinbelow:-

"The Allahabad High Court Officers and Staff (Conditions of Service and Conduct) (Amendment Rules, 2021)

1. Short title and commencement :- (1) These rules may be called the Allahabad High Court Officers and Staff (Conditions of Service and Conduct) (Amendment) Rules, 2021.

(2) These Rules shall come into force from the date of publication in the official Gazette.

2. Definition :- In these Rules, unless the context otherwise requires, "Rules" mean the Allahabad High Court Officers and Staff (Conditions of Service and Conduct) Rules, 1976.

3. Amendment of Rule 8 :- Clause (ii) of Rule 8 (a) (i) of the Rules shall be amended as follows :-