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TMI Blog1998 (3) TMI 686X X X X Extracts X X X X X X X X Extracts X X X X ..... as Deputy Secretary in the Assam Legislative Assembly Secretariat was promoted to the post of O.S.D. so created. The post, however, fell vacant in 1985 when Hazarika was promoted as the Secretary of the Assam Legislative Assembly secretariat. On 18.6.1985 an advertisement was issued by the Assam Legislative Assembly Secretariat inviting applications for the post of O.S.D. in the rank of joint secretary. The following qualifications were prescribed for this post in the advertisement:- Candidate must be an Advocate of High Court or a pleader of a District court who has practised as such for at least 7 years or a judicial officer qualified to be appointed as a District or Additional District Judge. Preference will be given to those who ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt who has practised as such for at least 7 years. The appellant had not practised as an advocate or pleader for 7 year. We have to examine whether he was a judicial officer qualified to be appointed as a District Judge. The appellant was holding the Substantive post of Judicial Magistrate Grade II in the Assam Judicial Service and was on deputation in a Grade III post in the Assam Legal Service. Under the Assam Judicial Service Rules, 1967, the posts of District Judge and Additional District Judge are Grade I post in the Assam Judicial Service. Under Rule 5 sub-rule (4)(a) appointment to a post in Grade I shall be made either by promotion from Grade Ii or by direct recruitment from the Bar on the recommendation of the High Court. under su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etariat. In Schedule Ii of these Rules the minimum qualifications prescribed for direct recruitment to the post of joint Secretary are seven years' standing practice at the Bar or person qualified to be appointed to Assam judicial Service Grade-I and Grade- II and the Assam Legal Service Grade- II and Grade-III . The appellant contends that since he was holding a Grade-III post in the Assam Legal Service on deputation, he had the necessary qualification for being appointed as Joint Secretary. The Assam Legislative Assembly Secretariat Rules, 1986, however, came into force only on 28.10.1986, much after the appointment of the appellant. We fail to see how the qualifications prescribed subsequently can help the appellant. The respondents ..... X X X X Extracts X X X X X X X X Extracts X X X X
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