[2016] 9 S.C.R. 983
LOKESH KATARA AND ANR.
v.
HON'BLE HIGH COURT OF GUJARAT
(Writ Petition (Civil) No. 758 of2016)
DECEMBER 14, 2016
[T. S. THAKUR, CJI, DR. D.Y. CHANDRACHUD
AND L. NAGESWARA RAO; JJ.]
Alternative remedy - Writ Petition u/Art. 32 .:.. Writ petitioners _
working as Systems Officers and Systems Assistants, on contractual
basis, challenged advertisement by respondent-High Court inviting
applications for these posts - Also sought mandamus for
incorporating a provision in the recruitment rules for absorption of
petitioners and similarly placed persons - Held: Writ petition
dismissed since the petitioners have a remedy available of moving
the High Court on the judicial side u/Art. 226 - Constitution of
India - Arts.32 and 226.
CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No.
758of2016.
Under Article 32 of the Constitution ofindia.
S. Udaya Kumar Sagar, Ms. Bina Madhavan, Prateek Dhir and
Mis Lawyer S. Knit & Co., Advocates, for the appearing parties.
The following Order of the Court was delivered by
DR. D. Y. CHANDRACHUD, J. 1. These proceedings have
been instituted under Article 32 of the Constitution by two petitioners
who are stated to be working as Systems Officers and Systems
Assistants since 2009 on a contractual basis. The petitioners state
that Systems Officers and Systems Assistants were engaged in the
High Court and the district courts in the State of Gujarat in consoni\nce
with the National Policy and Action Plan prepared by the E-
Committee. In 2013, the Government of Gujarat sanctioned pos!s of
Systems Officers and Systems Assistants in the regular cadre.
An
amendment was made to the recruitment rules in 2015 for filling up
these posts by direct recruitment. The existing Systems Officers and
Systems Assistants working in various district courts submitted a
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SUPREME COURT REPORTS
[2016] 9 S.C.R.
representation seeking their absorption. An online skill test was conducted.
Another representation was submitted on 16 March 2016. However,
the representation for absorption was rejected on 26 May 2016. On 9
September 2016 an advertisement was published by the Registrar
(Recruitment and Finance) inviting applications for thirty posts of
Systems Officers and thirty posts of Systems Assistants. The Writ
Petition has been inst~tuted seeking to challenge the advertisement
issued by the High Court and for a mandamus for incorporating a
provision in the recruitment rules for the absorption of the petitioners
and similarly placed persons.
2. We are not inclined to entertain a Writ Petition under Article 32
of the Constitution. The petitioners have a remedy available of moving
the High Court on the judicial side under Article 226 of the Constitution.
In the circumstances, while leaving it open to the petitioners to institute
appropriate proceedings as they may be advised, we decline to entertain
this petition under Article 32 of the Constitution.
3. The Writ Petition is accordingly dismissed.
Divya Pandey
Writ Petition dismissed.
Lex