TaxTMI 
TaxTMI 
1973 (5) TMI 97
X X X X Extracts X X X X
X X X X Extracts X X X X
....ary 3, 1970 an advertisement was published in the Government Gazette to the effect that the Haryana Public Service Commission will hold an examination for recruitment of candidates for 15 vacancies in the Haryana Civil Service (Judicial Branch). In response to the advertisement a number of candidates appeared for the examination held in November, 1970. The result of the competitive examination was declared and published in the Haryana Government Gazette on April 6, 1971. It was a list of 40 candidates who obtained 45% or more marks in the examination. The State Government which is the appointing authority made seven appointments in the serial order of the list according to merit. Respondents who ranked 8, 9 and 13 respectively in that list did not get an order of appointment although there were vacancies. The reason for not making the appointments was that in the view of the State Government, which was the same as that of the High Court previously intimated to the State Government, candidates getting less than 55% of marks in the examination should not be appointed as Subordinate Judges in the interest of maintaining high-standards of competence in Judicial Service. Respondents 1 t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s deals with general qualifications. Part B deals with the preparation and submission of rolls of those who are qualified under Part-A. Those who are on these rolls prepared by the District Judges become eligible for appearing in a written examination held by the Punjab Public Service Commission. The rules with regard to this examination are in Part C. Rule 4 thereof provides that "the examination papers shall be set and marks awarded by examiners who will be appointed by the Punjab Public Service Commission. Rule 8, which is important, is as follows :"No candidate shall be considered to have qualified unless he obtains 45 per cent marks in the aggregate of all the papers and at least 33 per cent marks in the language paper, that is, Hindi (in Devnagri script)". As we shall see immediately the final selection depends entirely on this examination. Apart from this examination there is no other hurdle except that of medical examination to be passed by the candidate. No oral interview is prescribed. Rule 10 is as follows: (i) The result of the examination will be published in the Punjab Government Gazette. (ii) Candidates will be selected for appointment strictly in ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Judge and once the list is prepared by the Public Service ,Commission strict in order of merit, neither the Public Service Com- mission nor the State nor the High Court can depart from the order of merit given in the list except where reservations have been made in favour of backward classes and Scheduled castes and tribes in accordance with rule 10(ii). In the present case it appears that about 40 candidates had passed the examination with the minimum score of 45 per cent. Their names were published in the Government Gazette as required by Rule 10(1) already referred to. It is not disputed that the mere entry in this list of the name of a candidate does not give him the right to be appointed. The advertisement that there are 15 vacancies to be filled does not also give him a right to be appointed. It may happen that the Government for financial or other administrative reasons may not fill up any vacancies. In such a case the candidates, even the first in the list, will not have a right to be appointed. The list is merely to help the State Government in making the appointments showing which candidates have the minimum qualifications under the Rules. The stage for selection for app....
X X X X Extracts X X X X
X X X X Extracts X X X X
....t have also received information that the Punjab and Haryana High Court themselves recommended to the Punjab Government that in respect of P.C.S.(Judicial Branch) Examination held in 1970, candidates securing 55% marks or more should be appointed against unreserved vacancies. Thus, the decision-taken by Haryana Government is in line with the recommendations which the High Court made to the Punjab Government regarding recruitment to the P.C.S. (Judicial Branch) on the basis of the Examination held in 1970, and a similar policy in both the cases would be desirable for obvious reasons." This will clearly go to show that the High Court itself had recommended earlier to the Punjab Government that only candidates securing 55% marks or more should be appointed as Subordinate Judges and the Haryana Government in the interest of maintaining high standards in the service had agreed with that opinion. This was entirely in the interest of judicial administration. It is rather difficult to follow the reasoning of the High Court in this case. It agrees that the advertisement mentioning 15 vacancies did not give a right to any candidate to be appointed to the post of a Subordinate Judge. E....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... no legal duty on the State Government to appoint all the 15 persons who are in the list and the petitioners have no legal right under the rules to enforce its performance the petition is clearly misconceived. It was, however, contended by Dr. Singhvi on behalf of the respondents that since rule 8 of Part C makes candidates who obtained 45 per cent or more in the competitive examination eligible for appointment, the State Government had no right to introduce a new rule by which they can restrict the appointments to only those who have scored not less than 55%. It is contended that the State Government have acted arbitrarily in fixing 55 per cent as the minimum for selection and this is contrary to the rule referred to above. The argument has no force. Rule 8 is a step in the preparation of a list of eligible candidates with minimum qualifications who may be considered for appointment. The list is prepared in order of merit. The one higher in rank is deemed to be more meritorious than the one who is lower in rank. It could never be said that one who tops the list is equal in merit to the one who,, is at the bottom of the list. Except that they are all mentioned in one list, each one....