SURESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted in Special Leav Petitions.

(2.) This batch of appeals is directed against the judgment of the Division Bench of Punjab and Haryana High Court. By the impugned judgment, selection to the post of constables has been quashed and the State Government has been directed to have a fresh set of Rules for governing the recruitment to the post of constable as the earlier rules in force has been struck down. The recruitment to the post of Constable was being governed by Punjab Police Rules of 1934 which had been framed under Section 7 of the Punjab Police Act. Under the Rules in force, there was no requirement of making any public advertisement inviting applications nor there was any requirement to intimate the Employment Exchange with regard to the vacancies likely to be filled up. The last appointment to the post of constable under the aforesaid set of rules had been made in the year 1992. The present recruitment process started in July 1995 when 703 vacancies in the rank of constables were found available. In accordance with the procedure prescribed under Rules 1934, selections were made on the spot after examining the physical fitness of the candidates at different District Headquarters. Be it stated that subsequent to 6/7/1995 more than 800 posts Were created and therefore in all about 1600 posts were filled up by adopting the same procedure, as stated earlier. Some of the unsuccessful candidates who had appeared in the process of selection as well as the Union filed writ petitions assailing the entire process of selection. Allegations were made that the process of selection has been vitiated on account of several infirmities including the vague assertion of mala fide and fraud but essential allegation was that the selection could not have been made without due publicity either in the newspaper or without notifying the vacancies to the Employment Exchange. By the impugned judgment the High Court has come to the conclusion that the process of selection has been vitiated because there was no advertisement and no due publicity inviting applications from the candidates at large. Out of the two learned Judges, though one of the learned Judge came to the conclusion that the allegations of mala fide and fraud have not been established by the appellant and the selection process cannot be held to be unfair, the other learned Judge, however, came to the conclusion that there has been an unfair selection and the process of selection is vitiated. Both the learned Judges, however, agreed with the conclusion that there has been several lapses in the process of selection and ultimately the process of selection was quashed and direction has been issued, as stated earlier. In accordance with said direction, the State of Haryana has framed a set of Rules in exercise of powers conferred under the proviso to Article 309 of the Constitution read with Sections 2 and 7 of the Police Act, 1861. The Rules thus framed is called the Punjab Police (Haryana Amendment) Rules, 1998.

(3.) Mr. Mohta, the learned senior Counsel, Mr. Das and many other learned Counsel appearing for different set of appellants contended before us that the procedure in vogue since 1934 having been duly followed and about 1600 people having been selected in accordance with that procedure, the High Court was not justified in striking down some provisions of the 1934 Rules and in directing the State Government to frame a fresh set of Rules. It is contended by the learned Counsel appearing for the appellants that even if the old Rules would be struck down and direction to frame a set of Rules would be permitted but there was no justification in quashing the selection already made. The learned Counsel tried to impress upon us that the entire process of challenge is because of change in the Government. It was also urged before us that the very fact that large number of people had appeared for interview in the process of selection would indicate that there was due publicity about the vacancy even though factually there was no advertisement in the newspaper nor the Employment Exchange was intimated about the filling up of vacancies. It is also stated to us that some of these selectees notwithstanding quashing of their appointments have been continuing as on today because of the stay order obtained from this Court.