UNION OF INDIA Vs. J D NAHARWAL

JUDGEMENT

(1.) We are concerned in this writ petition with the issue of filling up of the vacancies in the Indian Administrative Service by promotion which is to be filled in accordance with the provisions contained in the Indian Administrative Service (fixation of Cadre Strength) Regulations, 1954. The Central Government has also framed the Indian Administrative Service (Recruitment) Rules, 1954 which provides that there are three methods of recruitment to the IAS; i.e.: (a) By a competitive examination; (b) By promotion of a [substantive] member of a State Civil Service; (c) by selection, in special cases from among persons, who hold in a substantive capacity gazetted posts in connection with the affairs of a State and who are not members of a State Civil Service.

(2.) As per clause (a) of sub rule 1 of Rule 4, the recruitment is by competitive examination. Clause (b) provides for recruitment by promotion of a substantive member of the State Civil Service. Clause (c) stipulates following mode:

(3.) In so far as recruitment by promotion or selection for appointment to State and joint cadre is concerned it is regulated by Rule 8 of 1954 Rules, which reads as under: