KAMAL KUMAR GUPTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through these writ petitions, selection to the Haryana Civil Service (Executive Branch) (hereinafter called and'the Serviceand') of the State of Haryana from amongst the officers serving as Tehsildars and Naib-Tehsildars in the said State with regard to the year 1983 has been assailed and it is claimed that order dated 3-10-1988 (Annexure P-3) with regard to appointment of Sarvshri Ram Chander Sharma, Ashok Vashisth and Ram Chander, respondents Nos. 3 to 5, respectively to the Service, made by the Governor on behalf of respondent No. 1 the State of Haryana, on the basis of recommendations of respondent No. 2, the Haryana Public Service Commission (hereinafter called and'the Commissionand') made on 22-9-1988, be quashed. Selection to the Service is made under the Punjab Civil Service (Executive Branch) Rules, 1930 (hereinafter called and'the Rulesand') as applicable to the State of Haryana in four different modes and from even number of different sources. The Chief Secretary of the State is required to maintain four types of Registers of accepted candidates and appointments are made therefrom. Register A-1 out of them relates to Tehsildars and Naib-Tehsildars and in these writ petitions we are concerned with the said Register only.

(2.) The relevant rules with regards to recruitment to the Service including the procedure for the recruitment from the concerned source, are 5 to 7 of the Rules and they are reproduced as under for facility of reference :-

(3.) As is obvious from the rules cited above, different authorities have different functions to discharge with regard to the relevant recruitment, the final authority undisputably being the State Government. Rule 7 which provides procedure for selection of candidates for placing their names in Register A-I makes it clear that the process of recruitment is initiated by the State Government and final action also vests within the discretion of the State Government. Before the process of selection is initiated, State Government is required to determine the date by which the first functionary is to act. Sub-rule (1) of Rule 7 of the Rules further indicates that power would vest in the State Government to relax one or more normal qualifications for selection. The normal qualifications as provided in the proviso thereto are;