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 consonance with the National Policy and Action
Plan prepared by the E-Committee. In 2013, the Government of
Gujarat sanctioned posts 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 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 instituted 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.
New Delhi December 14,2016