JUDGMENT : M.R. SHAH, J. 1. RULE. Shri Hemang Shah, learned advocate waives service of notice of rule on behalf of respondents nos.1 and 2 and Shri Rohan Yagnik, learned Assistant Government Pleader waives service of notice of rule on behalf of respondent no.3. 2. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, present application is taken up for final hearing today. 3. Present application has been preferred by the applicants herein – original petitioners of Special Civil Application No.16250/2014 to clarify the common judgment and order passed by this Court in Letters Patent Appeal No.2357/2017 to the extent that 25% of entry level of clerical posts of Class III posts of sanctioned strength /posts of the Bhavnagar District Court be filled in by way of promotion of Class IV employees instead of available vacant post. 4. Heard the learned advocates appearing on behalf of the respective parties at length. It is not in dispute that now as per the statutory Rules, namely, The Non-Judicial Officers and Staff of the Courts (Recruitment and Conditions of Service) Rules, 2017, posts of Assistant in the District Court establishment are required to be filled in by maintaining the ratio of 15% of posts by promotion on the basis of past performance proved merits and efficiency, 10% of posts shall be filled by transfer and 75% of posts by direct recruitment on the basis of competitive examination and for the Feeder cadre 15% by promotion of person working in Class IV services. The relevant provisions of the Rules are as under; Sr. No Org. Designation Present Designation Mode of Recruitment Name of Feeder Cadre Minimum Qualification Experience if required Gujarati and Hindi 13 Assistant (Jr. Clerk/Board/Typist/Typistcum clerk) Assistant (i) 15% of posts By Promotion on the basis of past performance proved merits and efficiency. The relevant provisions of the Rules are as under; Sr. No Org. Designation Present Designation Mode of Recruitment Name of Feeder Cadre Minimum Qualification Experience if required Gujarati and Hindi 13 Assistant (Jr. Clerk/Board/Typist/Typistcum clerk) Assistant (i) 15% of posts By Promotion on the basis of past performance proved merits and efficiency. (ii) 10% of posts shall be filled by transfer (iii) 75% of Posts by Direct Recruitment on the basis of Competitive Examination (i) by promotion of person working in Class IV services (ii) by transfer of person working as Process Server/ Bailiff (Class III) For Promotion Transfer and Direct Recruitment: (i) For direct recruitment, a candidate shall have attained the age of 21 years and must not have attained the age of 35 years on the date specified in the advertisement (ii) Bachelor’s Degree obtained from any of the Universities or Institutions established or incorporated by or under the Central or State Act in India; or any other educational Institution recognized as such or declared as deemed University under Section 3 of the University Grants Commission Act, 1956 or possess an equivalent qualification recognized by the Government (iii) 5000 key depression on computer in English and/or Gujarati (iv) Possess Basic Knowledge of Computer as prescribed by the Government. (v) sufficient knowledge of English, Gujarati and Hindi. Not less than 05 years in feeder cadre. and must possess the qualifications -(ii) to (v) prescribed for direct recruitment 5. Thus, the aforesaid ratio of 15%, 10% and 75%, as the case may be, is required to be maintained by considering the total sanctioned posts of Assistant (Class III) and bailiff (Class III) on the establishment of the concerned District Court. and must possess the qualifications -(ii) to (v) prescribed for direct recruitment 5. Thus, the aforesaid ratio of 15%, 10% and 75%, as the case may be, is required to be maintained by considering the total sanctioned posts of Assistant (Class III) and bailiff (Class III) on the establishment of the concerned District Court. It appears that while disposing of Letters Patent Appeal No.2357/2017 and other allied Letters Patent Appeals and permitting the original appellant – High Court of Gujarat and Others to fill up the Class III posts, which are now under the control of the High Court of Gujarat, to the extent of 25% of the posts, which are required to be filled in by way of promotion as per The Non-Judicial Officers and Staff of the Courts (Recruitment and Conditions of Service) Rules, 2017, it was not clarified that 25% of the posts which are required to be filled in by way of promotion shall be considered considering the total sanctioned posts of Assistant / bailiff, as the case may be and not on the basis of the actual vacant posts as on today. Otherwise, the ratio of 25% by way of promotion and 75% by way of recruitment shall never be maintained. Under the circumstances, while allowing /disposing of the present application, it is clarified and observed that 25% of the posts of Assistant /bailiff shall be filled in by way of promotion /transfer, which are required to be filled in by way of promotion as per the Non-Judicial Officers and Staff of the Courts (Recruitment and Conditions of Service) Rules, 2017 i.e. to the extent of 25% of the posts by considering the total sanctioned posts. 6. With this, present application is allowed. Rule is made absolute to the aforesaid extent. No order as to costs.