Calcutta High Court (Appellete Side)
& Ors vs Bappa Chakraborty on 17 December, 2021
17.12.21
05 Ct. No.11
Sws.M
FMA 857of 2021
With
IA. No. CAN 1 of 2021
The Registrar General, High Court at Calcutta
& Ors.
Vs
Bappa Chakraborty
(Via Video Conference)
Mr. Jaydip Kar
Mr. Siddhartha Banerjee
....for the High Court Administration
Mr. Chandra Sekhar Banerjee
Mr. Sambudha Dutta
Mr. S. Dutta
......for the respondent
Party/Parties is/are represented in the order of
their name/names as printed above in the cause-title.
The issue in this appeal is the promotional exercise
to the Super Selection Grade post of Deputy Registrars of
the Calcutta High Court from the feeder post of Assistant
Registrars.
The Hon'ble Single Bench by the judgment and
order dated 8th March, 2021 in the writ petition, inter
alia, noticing the position of the Rules governing the
promotional exercise was pleased to hold that the
promotion was to be carried out only on the basis of
merit alone. Such also is the undisputed position with
regard to the Rules governing the promotion in issue in
this appeal.
Relying on a Rule of 1983, Mr. Kar, learned Senior
Counsel appearing for the appellants/the High Court
Administration, submits that the appellants acted
entirely within their legitimate jurisdiction to constitute
the Zone of Consideration to a maximum of fifteen
candidates in the ratio of 1:5 from the feeder post of
Assistant Registrars. Out of the fifteen candidates in the
Zone of Consideration, the appellants selected three for
the vacant posts of Deputy Registrars.
Mr. Dutta, learned Counsel appearing for the
respondent/ the writ petitioner, points out that a
subsequent Rule of 1986 supersedes all previous Rules
and, in terms of the 1986 Rules the criterion for
promotion to Super Selection Grade post shall be on the
basis of merit only. Mr. Dutta further submits that the
appellants were wrong in constituting a poll of fifteen
candidates as part of the Zone of Consideration.
Therefore, the Hon'ble Single Bench was correct in
all respects in directing the merit of the writ
petitioner/the respondent to be considered and, in the
event such merit is found, the promotion be extended to
the writ petitioner/the respondent.
Having heard the parties and closely considering
the materials placed, this Court prima facie sees no error
in the reasoning of the Hon'ble Single Bench in applying
the doctrine of merit purely to the Super Selection Grade
posts of Deputy Registrars from Assistant Registrars in
accordance with the Rules.
This Court also finds worthy of consideration the
stand taken by learned Counsel for the respondent/the
writ petitioner that the initial constitution of the Zone of
Consideration ought not to have been done on the basis
of seniority alone and, if at all, the Zone of Consideration
was to be constituted keeping in mind the ratio of
appointments of 1:5, the appellants ought to have
assessed the entire merit position from the entire feeder
posts.
In the above view of the matter, this Court permits
the appellants/High Court Administration to act in terms
of the order of the Hon'ble Single Bench and keep such
action in a sealed cover to be placed before the Court on
the next date.
This Court also restrains the appellants/High
Court Administration from conducting any exercise to fill
up the promotional post of Deputy Registrars from
Assistant Registrars without taking the leave of the
Court.
Let Affidavit-in-Opposition to the Stay Application
be filed by the 10th of January, 2022; Reply, if any, by
17th January, 2022.
The appellants shall also prepare the requisite
number of Informal Paper Book(s) incorporating the
documents to this appeal and serve copies on learned
Advocates for the other sides within 24th January, 2022.
Let the matter next appear under the heading
'Hearing' (Group-VI) within first three matters in the
Combined Monthly List of February, 2022.
All parties to act on a server copy of this order
downloaded from the official website of this Court.
Liberty to mention.
(Krishna Rao, J.) (Subrata Talukdar, J)
