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SAI COMPUTER TYPING INSTITUTE, GULABARA CHHINDWARA [M.P.] CPCT ADMISSION OPEN [संचालक-लकी श्रीवात्री] MOB.-9098909565
created Dec 4th, 03:52 by Sai computer typing
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The duties attached to the post of Bench Secretaries require an adequate knowledge of the Rules of the Court which are in English language. Further for the discharge of the duties attached to the said office in an efficient manner it appears necessary to have a fair knowledge of the English language. In the circumstances, therefore the purpose of the competitive examination in question cannot be effectively served in case the option sought for in the representation is permitted. As said above, the examination for promotion to the post of Bench Secretary Grade II is conducted under the provisions of the Rules. The Rules are silent on the point of use of language. Sri Sunil Ambwani, however, pointed out that under Rule of the Rules residuary powers vest in the Chief Justice to make such orders, from time to time, as he may deem fit in regard to all matters incidental or ancillary to the Rules not specifically provided for in the Rules or in regard to matters as have not been sufficiently provided for. No specific order of the Chief Justice has been placed before this Court to indicate that in exercise of power conferred under Hon the Chief Justice has directed that the answers to the questions shall be written in English language only by the candidates appearing for promotional examination for the post of Bench Secretary. Grade II. Rejection of the representation of the Employees Association by the committee of two Judges of this Court cannot be treated to be an order of Honble the Chief Justice within the parameters prescribed in Rule 41 of the Rules. Even if for the sake of argument, the aforesaid order passed by the Committee rejecting the representation of the Employees' Association is treated to be an order passed for and on behalf of the Chief Justice, falling within the ambit of provisions of Rule 41 of the Rules, it would, in the background of the legal position, stated, above and hereinafter, not withstand the test of scrutiny. It would be too genteel for this Court to make a discourse upon the vast and all pervading powers of Honble the Chief Justice under Rule of the Rules for effectively propelling the mechanism of the Service Rules, governing the establishment of this Court, nevertheless, one can expect that any order passed by His Lordship the Chief Justice has to accord the parameters of the constitutional provisions and the law, as interpreted in various decisions, including the present one.
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