PRANTIYA KAMDAR SENA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In all these Special Civil Application, common questions of law arise for consideration and hence, they were all heard jointly and disposed of by this judgment. The petitions relate to the selection, appointment and promotion of Labour Court Judges.

(2.) . We take Special Civil Application No. 6926 of 1998 as the lead case, wherein the following contentions have been raised :- In this Special Civil Application, the petitioner challenges the recruitment of Labour Court Judges made by the Gujarat Public Service Commission. The G.P.S.C. issued advertisement for 25 posts of Judges, Labour Court (Junior Division) and out of 25 posts 13 posts were meant for general category candidates, one post for Scheduled Caste and five posts for Scheduled Tribe and six posts for Socially and Educationally Backward Classes. Government of Gujarat had made Rules to regulate the recruitment to the post of Judge, Labour Court, called "Labour Court Judge (Junior Division) Recruitment Rules, 1982". Pursuant to the advertisement, 806 candidates applied for selection and then an elimination test was conducted and 71 candidates were chosen for oral interview. Interview was held in July, 1998 and 12 candidates were selected and one candidate was kept in the wait list. According to the petitioner the selection process is against the procedure declared by the Hon'ble Supreme Court for the selection and appointment of Labour Court Judges. There was no consultation with the High Court. The elimination of 729 candidates was arbitrary, irrational and unconstitutional. Constitution of the Selection Committee was illegal. S.C., S.T. and S.E.B.C. candidates have been denied the opportunity of being considered for appointment by ingenious method of.selection. The petitioner prays for issuance of a writ of certiorari or any other appropriate writ to set aside the selection of candidates for appointment of Labour Court Judges. The petitioner has also prayed for termination of service of the ad hoc Judges already working as Labour Court Judges.

(3.) . On behalf of the respondent-State, a common affidavit has been filed denying the allegations. The main contention urged in the common affidavit is that these public interest litigations are not maintainable as they have no locus standi to file these petitions. There is no bona fides in filing these Special Civil Application as they have been filed at the instance of candidates, who have not been selected. In Special Civil Application Nos. 116 of 1998 and 281 of 1998, directions were given by this Court to fill up the posts of Judges of the Labour Court and Industrial Tribunal and as the State Government was under the direction to fill up the posts. the selection was conducted in accordance with the Rules made by the Governor under Art. 309 of the Constitution. The selection was conducted in accordance with Sec. 7 of the I. D. Act. The recruitment made on the basis of the existing Rules cannot be invalidated on the short ground that it has been made in contravention of Art. 234. The entire process of selection was started pursuant to the direction given by this Court. As regards the non-selection of women candidates, it is submitted that the selection has been made only for 12 posts and 13 vacancies continued to exist and all other reserved categories can be accommodated in those vacancies. 7 candidates belonging to the general category have been selected and that is the exact number which was permissible under the advertisement. Elimination test conducted by the G.P.S.C. was not illegal or arbitrary.