1999 (3) TMI 643

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....I was, in fact, holding the post of Excise and Taxation Officer. All the appellants gave their preference to the Haryana Civil Service (Executive Branch), while appellant No. I gave preference only for such service. The Commission held the written examination for the 1991 and interviewed the candidates who had passed the written examination in May, 1992 and a final result was published on June 19, 1992. The appellants did not rank sufficiently high, but appellants Nos. 2 and 3 were offered appointments as Excise and Taxation Officer and Tehildar respectively. They joined duty also. Thereafter, the first appellant filed a writ petition being Civil Writ Petition No. 6057 of 1994 which was summarily dismissed by a Division Bench of the High Co....

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....hen the advertisement was made for examination which was held in 1991. Appellant No. I received a letter from the Commission that he was not selected as he had not come in the merit and he came to know that he had secured rank at serial No. 8 in the general category and that ne could not be selected for the post because there were only seven vacancies. The case put forward by the appellants is that, as per Annexure P-8, the Public Service Commission issued in 1992 an advertisement No. 7 for recruitment to 9 posts of Haryana Civil Service (Executive Branch) in general category. The result of the selection of candidates pursuant to advertisement issued in 1989 was declared on June 19, 1992 and advertisement No. 7 was issued in 1992 within a p....

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....rcular dated May 26, 1972. This order was passed by this Court on October 13, 1995 and the appellants filed a writ petition on January 29, 1996. Particularly when appellants Nos. 2 and 3 were allowed as co-petitioners in the special leave petition before this Court, we do not think that the High Court was justified in deciding against the appellants on the ground of laches. The fact that there were further vacancies available and when 9 vacancies were advertised to be filled up within a period of six months after announcement of the previous selection cannot be disputed at all. In terms of circulars issued by the Government on March 22, 1957 and May 26, 1972 when such vacancies arise within six months from the receipt of the recommendation ....

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.... view of the High Court that vacancies arose after selection process commenced has no relevance and is contrary to the declared policy of the Government in the matter to fill up such posts from the waiting list. The view taken by the High Court that the administrative instructions cannot be enforced by the appellant and that vacancies became available after the initiation of the process of recruitment would be looking at the matter from a narrow and wrong angle. When a policy has been declared by the State as to the manner of filling up the post and that policy is declared in terms of rules and instructions issued to the Public Service Commission from time to time and so long as these instructions are not contrary to the rules, the respo....