Mobi Riba, Daughter of Chimo Riba v. Gauhati High Court through the Registrar General
2025-08-14
DEVASHIS BARUAH
body2025
DigiLaw.ai
JUDGMENT : Devashis Baruah, J. Heard Mr. D. Panging, the learned counsel appearing on behalf of the Petitioner and Mr. M. Pertin, the learned Senior counsel as well as the Standing counsel of the Gauhati High Court, Itanagar Permanent Bench. I have also heard Mr. G. Baishya, the learned Standing counsel appearing on behalf of the Gauhati High Court, Principal Seat. 2. The issue involved in the instant writ petition pertains to whether the Petitioner herein has a right to be considered for promotion to the Post of Assistant Registrar (Judicial) in view of Rule 7(4)(A) of the Gauhati High Court Services (Appointment, Condition of service and Conduct) Rules, 1967 (for short ‘the Rules of 1967’). 3. The issue involved in the instant proceedings have been dealt with by this Court in another writ petition in the case of Jahirul Islam Vs. The State of Assam and 2 Ors. in WP(C) No.2755/2024 whereby this Court vide the judgment and order dated 31.07.2025 categorically held that the Post of Court Officer which belongs to Class-II(C) of the Schedule-I to the Rules of 1967 has a limited right for being considered for promotion to the Post of Assistant Registrar. This Court further held that the Petitioner therein who was the Court Officer along with the A.O.(J).(s) and other Officers who have been appointed to the posts coming within the ambit of Class-II(C) of Schedule-I of the Rules of 1967 have a right to be considered for promotion to the post of Assistant Registrar, (Ministerial Stream). The reference to promotion to Assistant Registrar (Ministerial Stream) was on account of the fact that in the Principal Seat of the Gauhati High Court, the posts of Assistant Registrar to be filled up from Gazetted Officers of the Gauhati High Court Services are divided amongst the feeder category of Class-II (B) and Class-II(C). Those promoted from Class- II(B) to the post of Assistant Registrar are mentioned as Assistant Registrar (Stenographer Stream) and those from Class-II(C) are promoted to Assistant Registrar (Ministerial Stream). Be that as it may, Rule 7(3) of the Rules of 1967 only refers to the post of Assistant Registrar. 4.
Those promoted from Class- II(B) to the post of Assistant Registrar are mentioned as Assistant Registrar (Stenographer Stream) and those from Class-II(C) are promoted to Assistant Registrar (Ministerial Stream). Be that as it may, Rule 7(3) of the Rules of 1967 only refers to the post of Assistant Registrar. 4. The provisions of Rule 7(4) of the Rules of 1967 are pari materia to Rule 7(4)(A) of the Rules of 1967 and as such, it is therefore the opinion of this Court that the Petitioner herein who is a Court Officer has a limited right to be considered for promotion to the post of Assistant Registrar. 5. The facts in the present case would show that the Petitioner who was appointed as Court Officer at the Itanagar Permanent Bench of Gauhati High Court on coming to learn that steps were being taken on the basis of a communication dated 25.06.2024 for filling up the vacant post of Assistant Registrar had submitted a representation for the purpose of consideration of the case of the Petitioner. However, the said representation was rejected as informed to the Petitioner vide the communication dated 29.11.2024 by the Registrar, Gauhati High Court, Itanagar Permanent Bench. It is further seen that thereupon the interview process was initiated vide a notice dated 16.12.2024 wherein the Petitioner was not invited which resulted in filing of the present writ petition. 6. This Court further takes note of that on 20.12.2024 when the instant writ petition was moved, this Court directed that the results of the interview conducted for the post of Assistant Registrar, Gauhati High Court, Itanagar Permanent Bench shall not be declared. The resultant effect of the said interim order is that till date, the selection proceedings have not culminated. 7. This court upon hearing the learned counsels appearing on behalf of the parties and taking into account that a similar issue has already been decided by this Court is of the opinion that the Petitioner has been able to make out a case on merits for being considered to the post of the Assistant Registrar. 8. Accordingly, the instant writ petition stands disposed of with the following observations and directions: (i) The Petitioner herein who is appointed as a Court Officer in the Itanagar Permanent Bench of the Gauhati High Court has a limited right to be considered for promotion to the post of Assistant Registrar.
8. Accordingly, the instant writ petition stands disposed of with the following observations and directions: (i) The Petitioner herein who is appointed as a Court Officer in the Itanagar Permanent Bench of the Gauhati High Court has a limited right to be considered for promotion to the post of Assistant Registrar. (ii) Not considering the Petitioner for promotion to the post of Assistant Registrar would be in violation to Article 14 and Article 16 of the Constitution. (iii) The rejection of the Petitioner's representation vide the communication dated 29.11.2024 is on an erroneous reading of Rule 7(4)(A) of the Rules of 1967 and violates Article 14 and 16 of the Constitution and accordingly interfered with. (iv) This Court further taking into account that the Petitioner's right to be considered for promotion to the Post of Assistant Registrar had been violated, interferes with the entire selection process so initiated on the basis of the notification dated 25.06.2024 which led to the notice dated 16.12.2024. Accordingly, the notice dated 16.12.2024 and further steps so taken on the basis of the said notice which is Annexure-15 to the writ petition are interfered with. (v) The Respondents are at liberty to initiate fresh steps for filling up of the post of Assistant Registrar in the Gauhati High Court, Itanagar Permanent Bench thereby inviting all eligible candidates coming within the ambit of Section 7(3) of the Rules of 1967 which would include the Gazetted Officers of the Gauhati High Court belonging to Class-II(B) and Class-II(C) of Schedule 1 of the Rules of 1967. (vi) This Court further observes that the decision as well as the parameters laid down in the case of Jahirul Isalm (supra) dated 31.07.2025 in WP(C) No.2755/2024 shall be applicable to the present case while carrying out the selection to the post of Assistant Registrar in the Gauhati High Court, Itanagar Permanent Bench and the aspect of seniority be decided in the manner laid down in the said judgment in the case of Jahirul Islam (supra) (vii) The writ petition accordingly stands allowed. Interim order passed earlier stands vacated.