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Judgment
In this petition, the petitioners have called in question two letters issued by Registrar Vigilance of the High Court bearing No. 9343-9403/RV dated
1st October, 2003 and Letter No. 1084/PSY dated 27th August, 2003 and also any proceedings taken in pursuance thereto. The petitioners have also
prayed for a direction to the respondents to strictly adhere to the J&K Ministerial Officials of Subordinate Courts (Recruitment & Conditions of
Service), Rules, 2002 read with J&K Civil Services (Classification, Control and Appeal), Rules, 1956, in case any complaint has been received by the
Presiding Officers of the petitioners.
The short grievance projected by the petitioners is that pursuance to proper selection process conducted by the Principal Secretary to Hon’ble
the Chief Justice of the High Court, they came to be selected and appointed as Steno-Typists and ever since their appointment they have been
performing their duties as assigned to them from time to time without any complaint from any quarter. It is further pleaded that on the basis of some
complaints, the Registrar Vigilance decided to put the petitioners to a shorthand typing test to see their efficiency. The petitioners participated and
were rated as average. Being not satisfied with the performance exhibited by the petitioners, the Registrar Vigilance vide impugned Communication
dated 01.10.2003, once again asked the petitioners to sit for test second time. Aggrieved, the petitioners have come to this Court through the medium
of instant petition seeking, inter alia, reliefs prayed for in the writ petition and taken note of hereinabove.
The short grievance of the petitioners in this petition is that they came to be appointed as Steno-Typists after they underwent regular selection
process conducted by none, other than, the Principal Secretary to Hon’ble the Chief Justice and, therefore, they cannot be put to test again and
again as the same is not permissible under recruitment rules.
Having considered the contents of writ petition as also the submissions made by Mr. M.I.Qadiri, learned Senior Counsel, appearing on behalf of the
respondents, we are of the view that this petition, by sheer efflux of time, has been rendered infructuous. All the petitioners are continuing in services
for the last so many years and there is no fresh complaint with regard to their efficiency or proficiency in shorthand typing. Therefore, it is too late in
the day to permit the respondents to put them to another typing test. They are, however, obliged to undergo test, if the same is required as per the
recruitment rules for further promotions.
This petition is, accordingly, disposed of along with connected CM(s) in the aforesaid terms.