JUDGMENT : Mohammad Yaqoob Mir, J. 1. As against the judgment dated 17.11.2012 passed by the learned Single Judge in SWP No. 273/2009 and SWP No. 1856/2011, five appeals bearing LPA(SW) No. 116/12, LPA(SW) No. 117/12, LPA(SW) No. 56/13, LPA(SW) No. 69/13 and LPA(SW) No. 70/13 have been filed. Operative part of the impugned judgment reads as follows: i) Promotion of Nisha Saraf-Respondent No. 3 as Section Officer (Computer) and her adjustment as Deputy Registrar (Computer) ordered vide Order No. 667, dated 24.11.2008 is hereby quashed by writ of certiorari. ii) Respondent Nos. 1 and 2 are directed to initiate process for filling up the available promotional posts in the Computer Section of the Service from amongst the candidates eligible therefor in terms of the rules following the mode and manner of promotion as indicated in Order No. 579, dated 24.10.2008, for its completion before March 01, 2013. iii) Respondents Nos. 1 and 2 are further directed to examine within the time stipulated herein above, the authenticity and validity of the Diplomas possessed by the petitioners and Respondents Nos. 4 and 5 to find as to whether or not they possess State Government recognized Diploma in Computer Application or any other recognized qualification in terms of Order No. 579, dated 24.10.2008 and whether they are eligible for promotion. iv) Respondent Nos. 1 and 2 shall take such remedial and requisite measures as required in terms of the Rules, pursuant to the examination of the Diplomas of petitioners and respondents Nos. 4 and 5 before March 01, 2013. Promotion of petitioner No. 1 and adjustment of petitioner No. 2 and respondent Nos. 4 and 5, as ordered vide Order No. 667, dated 24.11.2008, is, however, permitted to continue until remedial measures were taken and regular promotions made, so that interests of administration may not suffer because of immediate exit of those, who may not be entitled to hold the existing position(s). The arrangement indicated above for continuance of the petitioners and respondent Nos. 4 and 5 shall not, however, continue beyond the outer limit of March 01, 2013. 2. Essentially dispute arose when in terms of Order No. 667, dated 24.11.2008, in Smt. Nisha Saraf was temporarily promoted as Section Officer (Computer) and adjusted as Dy. The arrangement indicated above for continuance of the petitioners and respondent Nos. 4 and 5 shall not, however, continue beyond the outer limit of March 01, 2013. 2. Essentially dispute arose when in terms of Order No. 667, dated 24.11.2008, in Smt. Nisha Saraf was temporarily promoted as Section Officer (Computer) and adjusted as Dy. Registrar (Computer) in her own pay and grade, Shri Sanjay Kumar Bhat as Assistant Registrar (Computer) and Shri Sanjay Kumar Verma as Section Officer (Computer) were adjusted in their own pay and grade. 3. Shri Anil Razdan and Smt. Neelam Kumari, aggrieved thereof had filed representation. Delay in response prompted them to file the petition bearing SWP No. 273/2009, titled Anil Razdan and another v. High Court of J&K and Ors. wherein it is projected that Smt. Nisha Saraf, Sanjay Kumar Sharma and Sanjay Verma do not possess the requisite qualification for promotion. 4. During the pendency of the writ petition, it was brought to the notice of the Court that Registrar Vigilance of the High Court has conducted the enquiry regarding the issue as to whether Smt. Nisha Saraf possessed Diploma in Computer Application recognized by the State Government. Based on his report Order No. 453, dated 5.9.2012 was issued whereunder Smt. Nisha Saraf was ordered to be relegated to the post of Section Officer (Computer) and regular enquiry was ordered against her. Still, the controversy regarding validity or otherwise of her promotion as Section Officer (Computer) as observed by the Ld. Single Judge was required to be dealt with. 5. During the pendency of the SWP No. 273/2009, one more petition bearing SWP No. 1856/2011, titled Sanjeet Kumar Sharma v. High Court of J&K and Ors. was filed by 13 officials (computer branch) seeking quashment of the Order No. 579, dated 24.10.2008 to the extent it included in the minimum qualification for the post of Data Entry Operators (DEOs) technical qualification "with diploma in computer application" being contrary to the technical qualification as prescribed earlier i.e. "type with minimum speed of 40 WPM and knowledge/experience of Computer/Feeding (Desirable)" for the purpose of promotions to the posts of computer cadre. Further to restrain the respondents from acting upon the said Order No. 579, dated 24.10.2008 in any manner, whatsoever, for the purpose of making promotions in the cadre of computer. Same petition was dismissed while deciding the writ petition SWP No. 273/09. 6. Further to restrain the respondents from acting upon the said Order No. 579, dated 24.10.2008 in any manner, whatsoever, for the purpose of making promotions in the cadre of computer. Same petition was dismissed while deciding the writ petition SWP No. 273/09. 6. Smt. Nisha Saraf filed SWP No. 787/2013, seeking quashment of the Order No. 453, dated 05.09.2012 issued by the Registrar General of the High Court in terms whereof her position from Deputy Registrar (Computer) has been relegated to the post of Section Officer (Computer) and enquiry was ordered. 7. Shri Anil Razdan and Smt. Neelam Kumari also filed SWP No. 514/2013, seeking quashment of the Communication No. 1120/RG-160, dated 07.02.2013 of the Registrar General, High Court of J&K, in terms whereof, Director Technical Education Department was to report as to whether post graduate diploma in computer and systems management of Mr. Anil Razdan and one year course in advanced computer application of petitioner therein Smt. Neelam Kumari are recognised/approved by the State Board of Technical Education, Jammu and Communication No. DTE/401/HC/4457, dated 28.02.2013 issued by the said Director stating therein that the diplomas of the said petitioners, Shri Anil Razdan and Smt. Neelam Kumari in computer application are not recognised by the AICTE/SBOTE. The said action was initiated in pursuance to the directions issued vide judgment dated 17.11.2012 rendered in SWP No. 273/2009 and SWP No. 1856/2011. 8. For addressing the issues as raised in all these LPAs and two connected SWPs, precise flashback of the facts and circumstances shall be advantageous to be noticed. (a) For computerisation in the High Court of Jammu and Kashmir, following posts were created for the first time vide Government Order No. 1261-LD (A) of 1994, dated 11.07.1994. 1. Dy. Registrar, one, in the grade of Rs.3000-4500 2. Section officer, one, in the grade of Rs.2000-3200 3 Junior Assistant, one, in the grade of Rs.950-1500 4. Data Entry Operator, Seven, in the grade of Rs.950-1500 5. Orderly one, in the grade of Rs.750-940 (b) The Jammu and Kashmir High Court Staff (Conditions of Service) Rules, 1968 (hereinafter referred to as 'the Rules of 1968') govern the service conditions of the High Court Staff which now include the staff created for computerisation. Data Entry Operator, Seven, in the grade of Rs.950-1500 5. Orderly one, in the grade of Rs.750-940 (b) The Jammu and Kashmir High Court Staff (Conditions of Service) Rules, 1968 (hereinafter referred to as 'the Rules of 1968') govern the service conditions of the High Court Staff which now include the staff created for computerisation. Rule 6 of the said rules confers power to Hon'ble the Chief Justice to prescribe qualifications, mode of recruitment for appointment and promotions of various posts in the High Court of Jammu and Kashmir. Same is quoted hereinbelow:- "Rule 6: Qualifications and mode of recruitment-The Chief Justice may from time to time lay down the qualifications of a member of service and determine the mode of recruitment." (c) Prior to the year 1994, mode, method and qualification for filling up the said posts created for computerisation was not prescribed. After creation of the said posts, a Notice No. 570 DIP/J-100/1995, dated 13.04.1995 was issued by the Registrar General inviting applications for the posts of Data Entry Operators in the grade of Rs. 900-1500 which in fact should be Rs. 950-1500 from the candidates possessing the following qualifications: a. Academic Qualification Graduation b. Technical Qualification 1. Type with minimum speed of 40 wpm 2.Knowledge/experience of computer/feeding (Desireble) (d) Vide Order No. 347 of 1995, dated 26.08.1995, seven (7) candidates namely, (1) Smt. Nisha Saraf, (2) Smt. Neelam Kumari, (3) Shri Sanjay Kumar Sharma, (4) Shri Anil Razdan, (5) Shri Ajay Kumar, (6) Shri Sanjay Kumar Bhat and (7) Shri Sanjay Kumar Verma, were appointed but in the appointment order, the post mentioned was shown as Data Entry Operator/Junior Assistant. (e) Vide another Government Order No. 1359/LD (A) of 1996, dated 38.07.1996, following posts were created for computerisation in Srinagar wing of the High Court. 1. Dy. Registrar, one, in the grade of Rs.3000-4500 2. Section officer, one, in the grade of Rs.2000-3200 3 Junior Assistant, one, in the grade of Rs.950-1500 4. Data Entry Operator, Seven, in the grade of Rs.950-1500 5. Orderly one, in the grade of Rs.750-940 (f) Applications were invited from the permanent residents of the State Vide Notice No. A-3094/PHC, dated 22.07.1996 vis-à-vis posts of Data Entry Operators, the qualification required was mentioned in the notice is as under: a. Academic Qualification Graduation b. Technical Qualification 1. Data Entry Operator, Seven, in the grade of Rs.950-1500 5. Orderly one, in the grade of Rs.750-940 (f) Applications were invited from the permanent residents of the State Vide Notice No. A-3094/PHC, dated 22.07.1996 vis-à-vis posts of Data Entry Operators, the qualification required was mentioned in the notice is as under: a. Academic Qualification Graduation b. Technical Qualification 1. Type with minimum speed of 40 wpm 2.Knowledge/experience of computer/feeding (Desireble) (g) Seven candidates on proper selection namely S/Shri (1) Fayaz Ahmed Shah, (2) Shabbi Abbas, (3) Ahmed Ali Bhat, (4) Zafoor Ahmed Beigh (5) Hafizullah, (6) Abdul Majid Dar and (7) Vijay Sas were appointed as Data Entry Operators in the grade of 950-1500 and posted in Srinagar wing of High Court vide order Bearing No. 91 of 1997, dated 12.06.1997. In addition thereto, Vide Order No. 346, dated 14.10.1996 on recommendation of the Selection Committee, Shri Vikas Bharti S/o, Shri M.R. Bhagat was also appointed as Data Entry Operator in the grade of Rs. 950-20-1150-EB-25-1500 in the Jammu Wing of the High Court. 9. 1st Three writ petitions one bearing SWP No. 1677/97, filed by (1) S/Shri Sanjeet Kumar Sharrha, (2) Anil Razdan, (3) Ajay Kumar, (4) Sanjay Kumar Bhat, (5) Sanjay Kumar Verma and (6) Vikas Bharti (Data Entry Operators) 2nd SWP No. 1458/98, filed by (1) Smt. Nisha Saraf and (2) Neelam Kumari Kohli (Data Entry Operators) And 3rd SWP No. 772/1999, filed by S/Shri (1) Fayaz Ahmed Shah; (2) Ahmad Ali Bhat; (3) Shabbi Abbas; (4) Zahoor Ahmed Beigh; (5) Hafizullah Sheikh; and (6) Abdul Majid Dar (Data Entry Operators) (i) In the said referred writ petitions, writ petitioners claimed pay parity with those who were discharging the identical jobs in different Government Departments of the State of Jammu and Kashmir under the style Computer Operators/Computer Assistants/Key Punch Operators/Console Operators etc. who too at the entry level were placed in the grade of Rs. 950-1500. All these three petitions were allowed by common judgment dated 27.01.2000, the respondents therein i.e. High Court of J&K through its Registrar General and State of J&K through Chief Secretary were directed to grant and pay the petitioners salary in the pay scale of Rs. 1400-2300 (pre-revised) w.e.f. 01.03.1998. Date has been fixed after the recommendation was made by Hon'ble the Chief Justice as noted in the judgment. 1400-2300 (pre-revised) w.e.f. 01.03.1998. Date has been fixed after the recommendation was made by Hon'ble the Chief Justice as noted in the judgment. Arrears were to be calculated and paid within a period of six weeks of the receipt of the copy of the judgment. (ii) Petitioners were not only directed to put at par in the matter of payment of pay scale provided by the State Government to their counterparts in the other departments but also 25 per cent of the sanctioned posts were to be placed in higher grade of Rs. 2000-3200 (pre-revised) on selection from amongst the Data Entry Operators on completion of five years' satisfactory service. This was to be done within a period of four months. (iii) As against the said judgment, 3 LP As bearing LPA(SW) No. 105/2000, LPA(SW) No. 106/2000 and LPA(SW) No. 247/2000, were filed by the State of Jammu and Kashmir through Chief Secretary without success, as all the three LPAs were dismissed vide judgment dated 11.06.2002. (iv) As against the said Division Bench judgment, 3 Special Leave Petitions Bearing Nos. 19137-1.9139, filed before Hon'ble the Apex Court titled State of J&K v. Sanjeet Kumar Sharma and others, stand decided on 09.10.2002. The order passed by Hon'ble the Supreme Court is quoted hereinbelow: Order "Heard learned counsel for the parties. On merits, impugned order passed by the High Court does not call for any interference. However, the directions given by the learned Single Judge for implementing order with retrospective effect from 01.03.1998 requires modification. Learned counsel appearing on behalf of respondents after proper instructions, stated that the respondents are agreeable to the said modifications. In view of the matter, the impugned order passed by the High Court is modified to the extent that the revision of pay and scale would be from the date of pronouncement of the judgment i.e. 27.1.2000. The special leave petitions stand disposed of accordingly." (v) When the directions were not implemented, a contempt petition was filed bearing COA (SW) No. 72/2005, titled Nisha Saraf and Ors. V. High Court of J&K and Ors. 10. Finally in compliance, a Government Order No. 3783/LD (A) of 2006, dated 13.12.2006 was issued where-under sanction has been accorded to the placement of 25 per cent posts out of total strength of 14 posts of Data Entry Operators in the selection pay scale of Rs. V. High Court of J&K and Ors. 10. Finally in compliance, a Government Order No. 3783/LD (A) of 2006, dated 13.12.2006 was issued where-under sanction has been accorded to the placement of 25 per cent posts out of total strength of 14 posts of Data Entry Operators in the selection pay scale of Rs. 6500-10500 with the condition that the placement shall however be in personal capacity of the present incumbents which shall not form any precedent. Based on the said Order No. 3783/LD (A) of 2006, dated 13.12.2006, the Registrar General has issued Order No. 714, dated 14.11.2007 whereunder (1) Smt. Nisha Saraf, (2) Shri Sanjay Kumar Bhat, (3) Smt. Neelam Kumari and (4) Shri Sanjay Kumar Verma, Data Entry Operators, were placed in the selection pay scale of Rs. 6500-10500 from the date of issue of the order. 11. In the year 2001, Hon'ble the Chief Justice of the High Court in exercise of the powers conferred on him under Rule 6 of the Rules of 1968 and in supersession of all previous orders in this behalf prescribed the qualification, mode of recruitment for appointments and promotions of various posts in the High Court of Jammu and Kashmir as is clear from the order dated 04.07.2001 issued in this behalf which include following posts for computer branch:-- Sl.No. Name of the post Qualification and mode of recruitment Sl.No.2 Dy. Registrar(Computer) 10000-15200 Selection post Graduation or equivalent by selection amongst (a) Principal Private Secretaries and (b) Private Secretaries Sl.No.33 Data Entry Operator (3,050-4,590) 1. Graduation or equivalent 2. Type with minimum speed 40 wpm 3.Knowledge/experience of computer /feeding (Desireble) In view of the said Order dated 04.07.2001, certain principal private secretaries and private secretaries were promoted to the post of Deputy Registrar (Computer). 12. Vide Government Order No. 795-LD (A) of 2008, dated 19.02.2008 which was issued in pursuance to order rendered in the LPA(SW) No. 30/2006, sanction has been accorded to the creation of posts in the High Court which include Assistant Registrar (Computer), two posts, in the pay scale of Rs. 7500-12000 and Data Entry Operators, ten posts, in the pay scale of Rs. 4500-7000. All the posts were created subject to the conditions which include that the posts shall be filled up by the High Court only after making the rules for such posts prescribing therein eligibility and experience for the posts. 13. 7500-12000 and Data Entry Operators, ten posts, in the pay scale of Rs. 4500-7000. All the posts were created subject to the conditions which include that the posts shall be filled up by the High Court only after making the rules for such posts prescribing therein eligibility and experience for the posts. 13. Order No. 579, dated 24.10.2008 has been issued by the High Court which provides that Hon'ble the Chief Justice (Acting) of High Court of Jammu and Kashmir on the basis of the report submitted by the committee of the Hon'ble Judges constituted for the purpose, in exercise of powers conferred on him under Rule 6 of the Rules of 1968 and in supersession of all previous orders in this behalf has prescribed qualification, mode of recruitment for appointments and promotions to various posts in the High Court of Jammu and Kashmir which include the Post of Dy. Registrar (Computer), Assistant Registrar (Computer), Section Officer (Computer), Selection Grade Data Entry Operator and Data Entry Operator Entry Level. 14. For the said posts (computer branch), mode of appointment, minimum qualification required, minimum experience, if any and existing pay has been prescribed as shown below in tabulated form. Name of the Post Mode of the appointment Minimum Qualification required Minimum experience if any required Existing pay Deputy Registrar (Computer) By Promotion from amongst Assistant Registrar (computer) on the basis of merit-cum-seniority Graduation from any recognized University with Diploma in computer Application or BCA recognized by the State Govt. Two Years 10000-15200 Assistant Registrar (Computer) By Promotion From amongst Sections Officers (Computer) on the basis of merit-cum-seniority Graduation from any recognized University with Diploma in computer Application or BCA recognized by the State Govt. Two Year 7500-12000 Section Officer (Computer) By Promotion From amongst Sections Officers (Computer) on the basis of merit-cum-seniority Graduation from any recognized University with Diploma in computer Application or BCA recognized by the State Govt. Two Year 6500-10500 Selection Grade Data Entry Operators By Promotion From amongst Sections Officers (Computer) on the basis of merit-cum-seniority Graduation from any recognized University with Diploma in computer Application or BCA recognized by the State Govt. Two year 6500-10500 Data Entry Operators Entry Level By direct recruitment Graduation from any recognized University with Diploma in computer Application or BCA recognized by the State Govt. 4500-7000 At the end of the said order two notes as recorded are quoted hereunder: 1. Two year 6500-10500 Data Entry Operators Entry Level By direct recruitment Graduation from any recognized University with Diploma in computer Application or BCA recognized by the State Govt. 4500-7000 At the end of the said order two notes as recorded are quoted hereunder: 1. If the candidate(s) is/are not available from the relevant feeding cadre then the selection/appointment shall be made from amongst the candidate(s) from other equivalent cadre(s). 2. Since the requirement of graduation for entry into High Court service was prescribed vide Notification dated 25.4.1987, at that time officials having qualification less than graduation entered the service. Such officials having during this period gained sufficient experience in the working of the administration, the Chief Justice may on his own or on the recommendations of Committee, if so constituted, relax the qualification in cases of officers/officials, who have made their entry into the service on or before 25th of April, 1987. Further the minimum period of experience can also be relaxed in exceptional and appropriate cases. The officials can get only one relaxation at a time. 15. Order No. 667, dated 24.11.2008 issued by the Registrar provides that on the basis of the recommendation of the Hon'ble Judges' Committee approved by Hon'ble the Acting Chief Justice, the adjustments/promotions of High Court Staff have been made which include four selection grade Data Entry Operators, namely, (1) Smt. Nisha Saraf, (2) Shri Sanjay Kumar Bhat, (3) Smt. Neelam Kumari and (4) Shri Sanjay Kumar Verma, figuring at SI. Nos. 31 to 35 of the said order. Same is quoted hereunder: "31. Smt. Nisha Saraf, Selection Grade, Data Entry Operator is temporarily promoted as Section Officer (Computer) in the grade of Rs. 7450-11500 till further orders. She shall temporarily work against the post of Deputy Registrar (Computer) in her own pay and grade i.e. 7450-11500 till further orders. 32. Shri Sanjay Kumar Bhat, Selection Grade, Data Entry Operator is temporarily adjusted as Assistant Registrar (Computer) in his own pay and grade till further orders. 33. Ms. Neelam Kumari, Selection Grade Data Entry Operator, is temporarily adjusted as Assistant Registrar (Computer) in her own pay and grade till further orders. 34. Shri Sanjay Kumar Verma, Selection Grade, Data Entry Operator, is temporarily adjusted as Section Officer (Computer) in his own pay and grade till further orders. 35. 33. Ms. Neelam Kumari, Selection Grade Data Entry Operator, is temporarily adjusted as Assistant Registrar (Computer) in her own pay and grade till further orders. 34. Shri Sanjay Kumar Verma, Selection Grade, Data Entry Operator, is temporarily adjusted as Section Officer (Computer) in his own pay and grade till further orders. 35. S/Shri Ajay Sharma, Anil Razdan, Sanjeet Kumar Sharma and Vikas Bharti, Data Entry Operators are temporarily promoted as Selection Grade, Data Entry Operators till further orders. Keeping in view the creation of posts made in Srinagar wing of the High Court vide Government Order No. 1359-LD (A) of 1996, dated 30.7.1996, the two wings of the Computer Section i.e., Srinagar and Jammu wing are bifurcated. The Government to be approached for creation of two posts of Assistant Registrars and four posts of Selection Grade, Data Entry Operators for Srinagar wing also, on the parity of Jammu wing." It is clear from above, that the adjustment made by the Hon'ble Chief Justice was to meet the exigency so as to ensure smooth functioning of the staff. Such adjustment by no means in effect is a promotion. For the regular promotion, eligibility as prescribed has to be strictly followed. 16. Shri Anil Razdan and Smt. Neelam Kumari have challenged the position of Smt. Nisha Saraf, Shri Sanjay Kumar Bhat and Shri Sanjay Kumar Verma on the ground that they do not possess Diploma in Computer Application as is a requirement in terms of Order No. 579, dated 24.10.2008. Noticing the said development, petition SWP No. 1856/2011, titled Sanjeet Kumar Sharma v. High Court and another has been filed by following 13 officials (DEO):-- S/Shri, (1) Sanjeet Kumar Sharma; (2) Nisha Saraf; (3) Ajay Kumar Sharma; (4) Sanjay Kumar Verma; (5) Sanjay Kumar Bhat; (6) Vikas Bharti; (7) Fayaz Ahmed Shah; (8) Shabbi Abbas; (9) Ahmed Ali Bhat; (10) Zahoor Ahmed Beigh; (11) Hafizullah Sheikh; (12) Abdul Majid Dar; and (13) Vijay Sas; seeking quashment of the Order No. 579, dated 24.10.2008 to the extent it alters the technical qualification for the post of Data Entry Operators and other posts of computer branch i.e. "with Diploma in Computer Application" recognised by the Govt. being contrary to the technical qualification based on which Data Entry Operators in the year 1995 were appointed also sought direction so as to command respondents to adhere to the original qualification prescribed for the post of Data Entry Operators i.e. graduation, type with minimum speed of 40 wpm and knowledge/experience of Computer Data Entry/Feeding (Desirable) for the purpose promotions vis-à-vis computer cadre posts. 17. Another controversy which may arise is as to whether the technical qualification prescribed for the post of Deputy Registrar (Computer), Assistant Registrar (Computer), Section Officer (Computer), Selection Grade Data Entry Operator (Computer) and Data Entry Operator Entry Level to the extent it provides "with diploma in computer application" shall apply to the posts which had been created prior to 24.10.2008. If yes, then whether Diploma in Computer Application is required to be from institution recognised by the State Government.? 18. One position is clear i.e. prior to the Order No. 579, dated 24.10.2008 where-under qualification has been prescribed afresh in view of Government Order No. 795-LD (A) of 2008, dated 19.02.2008. Order dated 04.07.2001 which provides that in exercise of power under Rule 6 of Rules, 1968, the Acting Chief Justice has prescribed qualification for various posts which include Data Entry Operators i.e. (1). Graduation or equivalent, (2). Type with minimum speed of 40 wpm and (3). Knowledge/experience of Computer Data Entry/Feeding (Desirable). Prior to the year 2001, mode, method and qualification was not prescribed vis-à-vis the posts created for computerisation. In the notice inviting applications, qualification was prescribed, (1). Graduation or equivalent. (2). Type with speed 40 wpm and (3). Knowledge/experience of Computer Data Entry/Feeding (Desirable). 19. Type with minimum speed of 40 wpm and (3). Knowledge/experience of Computer Data Entry/Feeding (Desirable). Prior to the year 2001, mode, method and qualification was not prescribed vis-à-vis the posts created for computerisation. In the notice inviting applications, qualification was prescribed, (1). Graduation or equivalent. (2). Type with speed 40 wpm and (3). Knowledge/experience of Computer Data Entry/Feeding (Desirable). 19. The posts of Data Entry Operators as were created vide Government Order No. 1261-LD (A) of 1994, dated 11.07.1994 and Government Order No. 1359-LD (A) of 1996, dated 30.07.1996, the selection and appointment of 14 Data Entry Operators was made on the basis of the said qualification which position got strengthened by the judgment dated 27.01.2000 rendered in 3 (three) writ petitions (1) SWP No. 1677/97, (2) SWP No. 1458/98 and (3) SWP No. 772/99 where-under the writ petitioners (Data Entry Operators) were directed to be treated at par in the matter of payment of pay scales and out of sanctioned posts, 25 per cent were to be put in higher grade of 2000-3200 (pre revised) on selection from amongst the entry level Data Entry Operators on completion of minimum five years' satisfactory service. The said judgment has been upheld by the Division Bench and thereafter by Hon'ble the Apex Court only with one modification that the placement of the petitioners in the pay scale of 1400-2300 (pre-revised) instead w.e.f. 01.03.1998 from the date of the pronouncement of writ court judgment i.e. 27.01.2000. 20. Now the questions arise:-- (A) Whether the Data Entry Operators who have been appointed on proper selection prior to the year 2008 when the computerisation in the High Court was initiated can be put to a disadvantageous position by following and interpreting the qualification as prescribed in the year 2008; inconsistent with qualification which was in vogue till the year 2008. (B) Whether "with Diploma in Computers" as it appears in Order No. 579, dated 24.10.2008 provide for its recognition by the State Government? And (C) Whether the posts for computerisation which have been created prior to Feb, 2008 are to be governed by earlier prescribed qualification, based on which Data Entry Operators were selected and appointed and later on out of which, 4 Data Entry Operators were placed in the selection grade vide Order No. 714, dated 14.11.2007. 21. And (C) Whether the posts for computerisation which have been created prior to Feb, 2008 are to be governed by earlier prescribed qualification, based on which Data Entry Operators were selected and appointed and later on out of which, 4 Data Entry Operators were placed in the selection grade vide Order No. 714, dated 14.11.2007. 21. It is clear that in the year 1994 when for the computerisation of the High Court, posts were created, the qualification for such posts was not prescribed. However, notice was issued inviting applications vis-à-vis posts of Data Entry Operators on the basis of qualification as was mentioned therein selection has been made subsequently in the year 2001 in exercise of the power vested under Rule 6 of the Rules of 1968. The Hon'ble Chief Justice has prescribed the qualification, mode of recruitment for appointment and promotion to various posts in the High Court of Jammu and Kashmir. 22. For Data Entry Operators, the qualification as was mentioned in the earlier notice issued in the year 1994 i.e. (1) Graduation or equivalent, (2) Type with minimum speed of 40 wpm and (3) Knowledge/experience of Computer Data Entry/Feeding (Desirable). In addition thereto vis-à-vis post of Deputy Registrar (Computer), the qualification prescribed was: Graduation or equivalent. Selection and the mode of selection was to be made from principal private secretaries and private secretaries. Regarding rest of the posts as were created, i.e. Section Officer, Assistant Registrar (Computer); neither qualification nor mode and method was prescribed. 23. What would emerge is that basically with the process of computerisation, posts were created, in order to meet the situation vis-à-vis adjustment as against the posts created for computerisation, method was adopted as was found to be necessary for effective administration and proper functioning of the High Court Staff. Later on when in the year 2008 further posts were created, a condition was incorporated there in the order itself to the effect that the rules shall be framed for such posts prescribing therein the eligibility and experience for the posts, as is clear from the note (b) to Government Order No. 795-LD (A) of 2008, dated 19.02.2008. 24. Later on when in the year 2008 further posts were created, a condition was incorporated there in the order itself to the effect that the rules shall be framed for such posts prescribing therein the eligibility and experience for the posts, as is clear from the note (b) to Government Order No. 795-LD (A) of 2008, dated 19.02.2008. 24. Thereafter the Hon'ble Chief Justice in exercise of the powers conferred on him under Rule 6 of the Rules of 1968 in supersession of all previous orders, on the report submitted by the Committee of Hon'ble Judges, has prescribed qualification, mode of recruitment for appointment and promotion to various posts in the High Court of Jammu and Kashmir, same was notified vide Order No. 579, dated 24.10.2008 vis-à-vis posts (Computer branch), qualification and method has been prescribed as noted in para 15 above wherefrom it is clear that the Data Entry Operators Entry Level would get next promotion to the post of Selection Grade on the basis of merit cum seniority. Thereafter Data Entry Operators from amongst the Selection Grade on the basis of merit cum seniority were to be promoted to the post of Section Officer (Computer) and then from amongst the Section Officers (Computer) on merit cum seniority the post of Assistant Registrar (Computer) were to be filled. Assistant Registrars (Computer), were to be promoted to the post of Deputy Registrar (Computer). 25. Prior to 2008 irrespective of the feeding channel, rules were framed in the year 2001 where-under as against the posts created such as Deputy Registrar (Computer), Assistant Registrar (Computer), Section Officer (Computer), Data Entry Selection Grade and Data Entry Operator, the promotion was made from the other sources in view of non-availability of the candidate from the feeding cadre. It was that eventuality which necessitated deviation in the interests of smooth functioning, as a result whereof the rules of 2001 were framed but after the process of computerisation got momentum, need arose for fixing the feeding channel for filling up of the posts as has been done in terms of Order No. 579, dated 24.10.2008. 26. The power under Rule 6 of the Rules of 1968 is sweeping in its operation and is vested with Hon'ble the Chief Justice, the head of the institution. 26. The power under Rule 6 of the Rules of 1968 is sweeping in its operation and is vested with Hon'ble the Chief Justice, the head of the institution. The intent and object of clothing the head of the institution with such sweeping powers is to enable smooth functioning of the staff and in the process in any eventuality to prescribe mode, method and qualification for recruitment and promotion, power conferred to the Hon'ble Chief Justice gives him supremacy, same has a laudable object, such power in any manner cannot be curtailed, otherwise very object of the rule will get defeated. Such type of rule has to be interpreted in a manner so as to advance its object. 27. The process of computerisation which was a new subject in the year 1994 and the computerisation in the High Court started on the strength of the staff as was available with the aid of Data Entry Operators who were appointed initially in the Srinagar Wing and Jammu Wing of the High Court. At that time and even in terms of the order dated 4th July 2001, the prescribed qualification for Data Entry Operators was graduation or equivalent, type with minimum speed of 40 wpm and knowledge/experience of Computer, Data Entry/Feeding (Desirable). 28. Now in the year 2008, the Data Entry Operators as were appointed, cannot be asked to possess different technical qualification which they can not have; as a result whereof they will get deprived of promotion chances and their future will remain confined to the post of Data Entry Operators, means stagnant for ever which is impermissible, service jurisprudence will never approve of it. 29. Two prominent situations 1st. That up to the year 2008, promotion has to made to the post of Section Officer (Computer), Assistant Registrar (Computer) and Deputy Registrar (Computer) on the basis of earlier qualification as was prescribed in terms of the order dated 04.07.2001 i.e. (i) Graduation or equivalent, (ii) Type with minimum speed of 40 word per minute and (iii) Knowledge/experience of Computer/Feeding (Desirable) and the posts created after the year 2008 to be governed by the Order No. 579, dated 24.10.2008. 2nd The second situation is that the qualification prescribed for the said posts Vide Order No. 579, dated 24.10.2008 has to be interpreted in a manner so as to safeguard the interests of all the employees, and to ensure that their promotion chances vis-à-vis posts available in the discipline of computer right from Data Entry Operator, Data Entry Operator Selection Grade, Section Officer (Computer), Assistant Registrar (Computer) and Deputy Registrar (Computer) are not negated. 30. There can be no quarrel on legal proposition that prior to the year 2008, all posts which have been created such as Data Entry Operator, Data Entry Operator Selection Grade, Section Officer (Computer), Assistant Registrar (Computer) and Deputy Registrar (Computer) shall have to be governed by the qualification as was prescribed for the post of Data Entry Operator entry level on the basis of which the appellants and other similarly situated respondents were appointed. Therefore they have a right of consideration for being promoted against the posts so created. 31. To avoid a class within the class, the qualification prescribed in the year 2008 has to be interpreted in a manner which will advance cause and has to be construed in a manner so as to bring uniformity amongst all employees appointed as against the posts created for computerisation both before the year 2008 and after the year 2008. 32. It shall be relevant to quote qualification as was prescribed prior to the year 2008 and the qualification prescribed in the year 2008 vis-à-vis Data Entry Operators. As per notice of advertisement is issued in 1994 initially and as per the order dated 4.07.2001 vis-à-vis Data Entry Operators qualification prescribed is as under: As per the order No. 579, dated 24.10.2008 the qualification prescribed for Date Entry Operators Entry level then for selection Grade Data Entry Operator section Officer (Computer) and Deputy Registrar (computer) is as under. (Graduation or equivalent. Type with minimum speed of 40 wpm knowledge/experience of computer Date Entry/Feeding (Desirable) Graduation from any recognized University with Diploma in computer Application or BCA recognized by the state Government. 33. (Graduation or equivalent. Type with minimum speed of 40 wpm knowledge/experience of computer Date Entry/Feeding (Desirable) Graduation from any recognized University with Diploma in computer Application or BCA recognized by the state Government. 33. None of the Data Entry Operators who were appointed prior to the year 2001 possessed the Diploma in Computer Application recognised by the State Government which fact has surfaced when in compliance to the judgment impugned dated 17.11.2012, Registrar General had taken up the matter with the Director, Technical Education vide its Communication No. 11420/NG-160, dated 07.02.2013 requesting therein as to whether the institutions wherefrom the 14 Data Entry Operators have obtained the diplomas are or even had been recognised/approved by the State Board of Technical Education, J&K, and were competent to issue such diplomas and to intimate whether such certificates can be treated as Diplomas in Computer Application or not? In response whereof, the Director Technical Education Vide No. DTE 401/HC/13/4457, dated 28.02.2013 has conveyed that all the institutions wherefrom those Data Entry Operators had obtained the certificates are not recognised by AICTE/SBOTE as reported by the Secretary, State Board of Technical Education, J&K, which in turn would suggest that none of the Data Entry Operators appointed had obtained certificates from the institutions which were recognised. 34. The challenge as thrown by the two petitioners (Data Entry Operators), Shri Anil Razdan and Smt. Neelam Kumari in the said background has backfired as the institutions wherefrom they have obtained the Diplomas in Computer Application were not recognised. Therefore their claim that they were the only Diploma holders is not tenable which position is further clarified by the report of Registrar General dated 11.07.2011, where it is also mentioned that ......... no course, namely, "Diploma in Computer Application" is conducted by the Department of Technical Education in the State of Jammu and Kashmir. 35. Be it as it may, now the question is as to whether in terms of the Order No. 579, dated 24.10.2008, there was a requirement of possessing Diploma in Computer Application issued from institution recognised by the State Government? The wording employed vis-à-vis minimum qualification required as quoted hereinbelow, is in two parts: (i) Graduation from any recognised University with Diploma in Computer Application Or (ii) BCA recognised by State Government. The wording employed vis-à-vis minimum qualification required as quoted hereinbelow, is in two parts: (i) Graduation from any recognised University with Diploma in Computer Application Or (ii) BCA recognised by State Government. It has to be treated that the requirement is that a person must possess graduation from recognised University or likewise must possess BCA recognised by the State Government. With Diploma in Computer Application in 1st part has to be treated simply for the purpose of know-how about the computers, qualification as was earlier prescribed shall have to be read harmoniously, when read so, it will appear that the requirement was to have Diploma/Certificate of Computer Application from any relevant institution. 36. To interpret the qualification as prescribed in the year 2008 in the above said manner would advance the object which position is supported by the fact that as per the stand of the Director Technical Education as referred to in Registrar General report that diploma courses in computer are not issued by any institution. Therefore the qualification prescribed even in terms of Order No. 579, dated 24.10.2008 would mean that the graduation shall have to be from the recognised University, the candidate along with graduation must possess certificate in computer application or must possess BCA recognised by State Government. The government recognition to the diplomas/certificates in computer applications under said circumstances is not a requirement. It is only in the same background. The Hon'ble Judges Committee had framed the norms i.e. mode, method and qualification for the computer posts and the Acting Chief Justice in exercise of power conferred under Rule 6 prescribed the same qualification and then on the basis of the Judges' Committee report, adjustments were made. Therefore, the Chief Justice (Acting) and Judges' Committee who had framed the norms construed the qualification in the same manner by making adjustments. While summing up (A) All the Date Entry Operators who have been appointed prior to the year 2008 or after the year 2008 constitute one class and for their promotion to the next posts i.e. placement in Selection Grade Data Entry Operators, Section Officer (Computer), Assistant Registrar (Computer) and Deputy Registrar (Computer) qualification be construed as under:-- Graduation or equivalent with diploma in computer application or a certificate in computer application from any relevant institute irrespective of whether recognised or not, depicting knowledge/experience of computer data entry/feeding (desirable) in conformity with earlier prescribed qualification). Or BCA recognised by the State Government. 37. While concluding, the writ petition (SWP No. 1856/2011) filed by 13 officials (Data Entry Operators) succeeds as the qualification prescribed in the year 2008 has to be construed as above. As a result whereof, the SWP No. 514/2013, filed by Shri Anil Razdan and Smt. Neelam Kumari is rendered infructuous. 38. This brings us to another position which has to be dealt with in view of impugned order i.e. position of Smt. Nisha Saraf. She possesses three (3) certificates: First, issued by Compumates Pvt. Ltd., 759 Denis Gate Jammu, in terms whereof it has been certified that she has undergone six months' diploma course w.e.f. 08.07.1990 to 11.12.1990; the second certificate which she possesses has been issued by Regional Computer Centre Chandigarh certifying that she has successfully completed the course in word processing conducted by Regional Computer Centre Chandigarh from 10.04.1991 to 09.05.1991 and the third certificate which she possesses has been issued by Shri Sharda Education Foundation Avinash Raina Memorial Computer Centre Talab Tillo certifying that she has successfully completed the basic + one year course in computer applications. 39. During the pendency of the Writ Petition No. 273/2009, Registrar Vigilance of the High Court had conducted the enquiry vis-à-vis certificates possessed by Smt. Nisha Saraf based on which High Court issued Order No. 453, dated 05.09.2012 whereby Nisha Saraf was ordered to be relegated to the post of Section Officer (Computer) with immediate effect and regular enquiry too was ordered to be initiated against her. This order has been separately challenged by medium of SWP No. 787/2013, to be dealt with hereinafter: 40. In the report dated 27.04.2012, Registrar Vigilance has stated that the certificate in favour of Nisha Saraf issued by Compumates Pvt. Ltd. as per the Manager/Principal of the said institute has been issued. Same institute is a private institute not recognised by the Government. Has also noticed that as per the statement of Mukhtiyar Ahmed Dar Computer Operator, State Board of Technical Education, the certificates of six months one year and two years cannot be at par with the three years diploma issued by State Board of Technical Education. Finally he has concluded that it is established that the certificates relied upon by Nisha Saraf is neither certificates nor diplomas as it has been issued by a unrecognised institute and is without marks sheets. Finally he has concluded that it is established that the certificates relied upon by Nisha Saraf is neither certificates nor diplomas as it has been issued by a unrecognised institute and is without marks sheets. Nisha Saraf has filed the reply to the report of the Registrar Vigilance. 41. One fact is fully established that the Nisha Saraf on 12.02.2009 had applied for permission to undergo advance course in computers. She has been permitted Vide No. 4207/GS, dated 02.07.2009 addressed to Registrar Judicial by the Deputy Registrar (Adm) on 2.2.2010 she had communicated to Registrar General mentioning therein that while pursuing course from Shri Sharda Computer Centre she intended to go for combination of course from Ashirwad Computer Centre (for which permission was granted). But after sometime she noticed that Ashirwad Institute was enable to provide a satisfactory faculty and the quality of education was not up to marks, moreover, it was expensive also, therefore, she left the institute Ashirwad Centre and continued/completed the course with Shri Sharda Foundation Education Avinash Raina Memorial Computer Centre as mentioned in the certificate. Such type of deviation from permission granted cannot be termed to be violative of any norm which would warrant any action against her. 42. As concluded above, the technical qualification for the post of Data Entry Operator Entry Level, Data Entry Operator Selection Grade, Section Officer (Computer), Assistant Registrar (Computer) and Deputy Registrar (Computer), i.e. to have a computer certificate/diploma from any relevant institution is a requirement, irrespective whether the institution is recognised or not. 43. SWP No. 787/2013, seeking quashment, the Order No. 453, dated 05.09.2012 providing for regular enquiry in view of the conclusion drawn above is unwarranted. Same is set aside. Her case for promotion as against the next post i.e. Assistant Registrar (Computer) and then to post of Deputy Registrar (Computer) shall be governed by the mode and method as provided in Order No. 579 of 2008. The writ petition shall stand accordingly disposed of. 44. Same is set aside. Her case for promotion as against the next post i.e. Assistant Registrar (Computer) and then to post of Deputy Registrar (Computer) shall be governed by the mode and method as provided in Order No. 579 of 2008. The writ petition shall stand accordingly disposed of. 44. Vide Order No. 667, dated 24.11.2008, on the basis of the recommendations of the Hon'ble Judges Committee approved by the Hon'ble Chief Justice, adjustments/promotions of the High Court Staff was made which include the promotion/adjustment of Smt. Nisha Saraf, Shri Sanjay Kumar Bhat, Smt. Neelam Kumari, Shri Sanjay Kumar Verma and then of Shri Ajay Sharma, Shri Anil Razdan, Shri Sanjeet Kumar Sharma, Shri Vikas Bharti is an interim arrangement construed for the smooth functioning and operation of the computers, same has to be maintained as having been done in view of powers vested in the Hon'ble Chief Justice under Rule 6 of the Rules of 1968. 45. Promotion of Smt. Nisha Saraf, Selection Grade Data Entry Operator as against the Post Section Officer (Computer) and her adjustment as Deputy Registrar (Computer) is by way of temporary arrangement in her own pay and grade till regular process of promotion from the relevant feeding channel was to be undertaken and finalised by the High Court, as is clear from the Serial No. 31 and 35 of the Order No. 667, dated 24.11.2008 as quoted in para 16 hereinabove. Her position was also to be protected the way, positions of S/Shri Anil Razdan, Ms. Neelam Kumari, Shri Sanjay Kumar Bhat and Shri Sanjay Kumar Verma have been protected by the impugned judgement dated 17.11.2012 till regular promotions were made. 46. Shri Sanjay Kumar Bhat, Smt. Neelam Kumari from the position of selection grade Data Entry Operator had been adjusted as Assistant Registrar (Computer) when in fact they were first to be considered as against the post of Section Officer (Computer) and it is Section Officer (Computer) which is the feeding channel for the post of Assistant Registrar (Computer). 46. Shri Sanjay Kumar Bhat, Smt. Neelam Kumari from the position of selection grade Data Entry Operator had been adjusted as Assistant Registrar (Computer) when in fact they were first to be considered as against the post of Section Officer (Computer) and it is Section Officer (Computer) which is the feeding channel for the post of Assistant Registrar (Computer). Since it has been observed that it shall be in the interest of administration to permit them to continue, therefore, in view of findings recorded vis-à-vis educational qualification and then in view of position of Smt. Nisha Saraf as clarified hereinabove, her adjustment as made Vide Order No. 667, dated 24.11.2008 was also to be maintained as such shall be maintained till respondent High Court undertake exercise for regular promotion as against the available posts created in connection with the computerisation in accordance with the position enumerated in Order No. 579, dated 24.10.2008 providing for qualification as clarified and interpreted hereinabove, mode of recruitment for appointment and promotion. 47. Cumulative effect of the aforestated position and conclusions is that:-- (i) The learned Single Judge has not noticed the qualification prescribed for Data Entry Operators, as was prescribed by Hon'ble the Chief Justice in exercise of Rule 6 of the 1968 rules and issued under the order dated 04.07.2001. (ii) The qualification prescribed for Data Entry Operators did not include diploma. Furthermore, an important position has not been taken note of i.e. Director Technical Education has made it clear that there is no institute recognized in the State for issuing diploma in computer application. (iii) The Data Entry Operators who were appointed on the basis of prescribed qualification in the year 2001 and prior thereto will be deprived of any promotion chance if the diploma in computer application as appeared in the Order No. 579, is taken to require recognition by the State Government. (iv) The observation of learned Single Judge that the Order No. 579, does not take away in any manner, whatsoever, any vested right of the respondents for consideration to promotion in the afore-stated circumstances is not correct, as the right of promotion is totally getting negatived. (iv) The observation of learned Single Judge that the Order No. 579, does not take away in any manner, whatsoever, any vested right of the respondents for consideration to promotion in the afore-stated circumstances is not correct, as the right of promotion is totally getting negatived. (v) Another finding recorded by the learned Single Judge to the effect that diploma in computer application as appeared in the qualification prescribed in the year 2008 shall be recognized by the State Government in the facts and circumstances then in the light of the adjustment orders made on the basis of Judges' Committee report after the qualification was prescribed in the year 2008 has been made by Hon'ble the Chief Justice that would imply that while making adjustments, it was not intended that the diploma in computer application is required to have Government recognition. The view taken by the learned Single Judge runs contrary to the very intent as discussed in detail hereinabove. (vi) Another finding recorded by the learned Single Judge is that the employees who do not possess requisite qualification being ineligible could not be adjusted on stop gap arrangement vis-à-vis posts against which they have been adjusted. The view taken by the learned Single Judge is logical but it has to be borne in mind that when from the feeding channel, employees are not available; then some arrangement has to be made. In the year 2001, as against the posts of Deputy Registrar (Computer), Principal Secretaries and Private Secretaries were adjusted. That is how, Hon'ble the Chief Justice had exercised the power conferred under rule 6 of the 1968 rules. (vii) The facts and circumstances of the case as adumbrated in detail hereinabove would suggest that the adjustments made were purely by way of arrangement and in view of non availability of the employees from the feeding channel. It is in the same background., the Hon'ble Judges' Committee had prepared the report based on which qualification, mode and method was prescribed by Hon'ble the Chief Justice in exercise of power under rule 6 of the 1968 rules and it is also Judges' Committee who had prepared the promotion/adjustment order which was approved by Hon'ble the Chief Justice, means a conscious decision has been taken for smooth functioning of the High Court staff. Same could not be found fault with as the same was in view of unavoidable exigency so as to ensure smooth functioning of the staff. 48. The judgment impugned dated 17.11.2012 is unsustainable, as such, set-aside, writ petition No. 273/2009, is dismissed. All the five LPAs and two SWPs as referred in cause title and dealt with in detail hereinabove shall stand disposed in the manner indicated. No order as to costs.