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2001 DIGILAW 860 (ALL)

PRATAP NARAIN GUPTA, ADVOCATE v. STATE PUBLIC SERVICES TRIBUNAL

2001-08-29

ASHISH N.TRIVEDI, R.D.SHUKLA

body2001
ASHISH N. TRIVEDI, R. D. SHUKLA, JJ. ( 1 ) THE petitioner has challenged the office order dated 14. 8. 2001 issued by the Registrar, State public Services inviting applications from advocates who have put in five years of practice at the bar till 1. 7. 2001. ( 2 ) THE contention of the learned counsel for the petitioner is that in view of Rule 66 of the U. P. State Public Services Tribunal Rules of Practice, 1997, the prescription of 5 years practice as an essential qualification for consideration for appointment as Oath Commissioner, is Illegal, as no such qualification has been mentioned in Rule 66 of the aforesaid Rules. ( 3 ) RULE 66 (a) of the aforesaid Rules is being reproduced hereunder : "66. Appointment of Oath Commissioner.-- (a) Chairman may from time to time appoint such person as may be considered Jit to be Oath Commissioner for a period of one year, commencing from the date of their appointment," ( 4 ) IT is true that no such qualification has been prescribed in Rule 66 of the aforesaid Rules, yet only such person can be appointed as Oath Commissioner who is considered to be fit and while adjudging the suitability, it is within the competence of the appointing authority to prescribe for acquisition of experience which cannot be said to be an irrelevant consideration or qualification to assess the fitness of the person for appointment as Oath Commissioner. ( 5 ) IN the circumstances, if an advocate is desirous of being considered for appointment as Oath commissioner in the State Public Services Tribunal, Lucknow, it is necessary for him to have put in 5 years practice at the Bar till 1. 7. 2001. ( 6 ) THE prescription of qualification of 5 years practice, in our opinion, is neither arbitrary nor irrational. ( 7 ) ADMITTEDLY, the petitioner has not put in 5 years of practice as on 1. 7. 2001 and is, therefore, not eligible for being considered for appointment as Oath Commissioner in pursuance of the office order dated 14. 8. 2001, Annexure-1 to the writ petition. ( 8 ) THE petitioner, therefore, has no legitimate claim, which can be enforced in these proceedings. ( 9 ) IN the result, the writ petition falls and is accordingly rejected. .