Supreme Court Dismisses Challenge To 'Shorthand Test' As Selection Criteria For Post Of 'Private Secretary' To Judges

The Supreme Court bench comprising Chief Justice U.U. Lalit and Justice Ravindra Bhat dismissed on Tuesday the petition filed against Bombay High Court's order on plea challenging the prescription of 'shorthand test' as selection criteria for promotion as 'Private Secretary' to the judges.

The bench concurred with Bombay High Court's view in the matter which had stated that proficiency in Stenography had an important bearing upon discharge of the duties by Private Secretaries and thus, 'shorthand test' for the same could not be done away with. 

To briefly provide a background, the petitioners first submitted a representation to the Bombay High Court Administration on September 3, 2018 for dispensing with the shorthand test for promotion to the post of Private Secretary to Judges. They then filed a petition in the Bombay High Court seeking a declaration that Rule 13 of the High Court Appellate Side Rules, 2000 does not envisage holding of a shorthand test, and a consequential direction to the High Court Administration that the petitioners be promoted to the post of Private Secretary without conducting shorthand/typing test.

The promotional posts of 'Personal Secretary' and 'Private Secretary' carrying a higher pay-scale, were created with effect from October 25, 1982. For the post of Private Secretary, the following criteria was prescribed in 1991-

"The Criteria for promotion shall be merit-cum-seniority to be adjudged with reference to confidential records and dictation-typing and interview tests."

The Bombay High Court dismissed the petition and stated that–

"Proficiency in Stenography has an important bearing upon discharge of the duties by Private Secretaries. It cannot be gainsaid that the efficiency and proficiency have a defining functional nexus with the discharge of the duties by the Private Secretaries. Ultimately, inefficiency and unpolished skills of a Private Secretary would adversely affect the discharge of the functions by the Judges."

CASE TITLE: Vasant Khela Sarak And Ors. v. State of Maharashtra And Ors. SLP(C) No. 56111/2020