Harsudha vs Hon'Ble Cj. Of Delhi High Court & Anr. on 5 May, 2000
8. Simply put, the Rule in question is "seniority-cum-suitability". It is not seniority alone but suitability has also to be seen. Naturally , this suitability has to be for the post which the petitioner is aspiring to get. For a Senior Stenographer judging the suitability by testing her efficiency in shorthand & typewriting test is nothing but proper. Ordinary meaning of the word 'suitability" as per the dictionary is appropriateness, aptness, appositeness, fitness, commensurateness, feasibility, usefulness, accepted, expedience etc. Thus the word 'suitability" embraces within itself the traits of capability, aptness and competence. Once this suitability is also the relevant consideration along with seniority, it is for the employer to prescribe the manner in which the suitability of a candidate for a particular post is adjudged. The argument of the petitioner therefore that in order to see the suitability, the employer should only see the confidential reports of the petitioner may not be correct, of course it is open to the employer to adjudge the suitability based on confidential reports for assessment by DPC which may be one of the modes of adjudging suitability as mentioned in the case of UOI Vs. Dr. P. Rajaram & Ors. (supra). However if the High Court has thought it fit to adjudge the suitability by testing the candidate for his/her efficiency in shorthand & typewriting test, keeping in view the consideration that it is the job which is to be done by the petitioner, no fault can be found with such procedure adopted. It is for the employer to prescribe a particular procedure for adjudging the suitability and so long as that procedure is not arbitrary or not based on irrelevant consideration/criteria, it is not open for the petitioner to challenge the same. petitioner is a Junior Stenographer. However on becoming senior stenographer, such person is attached to the Judges and there may be a see change in the quality of work to be performed by such person on becoming Senior Stenographers. In view of this, if the Full Court in its wisdom had decided to adjudge the suitability by means of test in shorthand & typewriting so that proficiency/accuracy in shorthand & typewriting test is adjudged, such a method adopted is in consonance with the Rule. According to instructions contained in Chapter 53 of Swamy's Complete Manual on Establishment and Administration Part-IV, Paragraph 5, each Departmental Promotion Committee should decide its own method and procedure for objective assessment of the suitability of the candidates. Since the Junior Stenographers are attached to Joint. Registrars/Deputy Registrars, they are now exposed to the work in the Court which require high degree of proficiency/accuracy in shorthand/typewriting. Accordingly, the D.P.C. constituted in 1989 to fill up a post on the basis of seniority-cum-suitability laid down the guidelines that suitability of the candidates for promotion to the post of P.A. to Registrar cannot be assessed without holding at least a minimum qualifying test to determine their skill, speed and accuracy in shorthand and typing.