HARBANS SINGH UBEROI Vs. STATE OF PUNJAB ETC.

JUDGEMENT

(1.) THE following questions relating to the scope and construction of Rules 6(b) and 8(1) of the Punjab Civil Service (Executive Branch) Rules 1930. (Annexure A), hereinafter called the 1930 Rules, have been raised in this writ petition filed by Harbans Singh Uberoi, Assistant in the Punjab Raj Bhawan at Chandigarh (hereinafter referred to as the Petitioner) for quashing the nomination of Respondents Nos. 4 to 8 by the Chief Secretary, Punjab Government (Respondent No. 2), as candidates for the selection to the Punjab Civil Service (Executive Branch) from Register A -II:

(2.) THOUGH a prayer had been made in the writ petition to declare Rule 8 of the 1930 Rules to be ultra vires the Constitution of India, the learned Counsel for the Petitioner expressly gave up that point at the hearing of the petition and did not, therefore, deal with it. The facts leading to the filing of the petition may first be briefly surveyed. The Petitioner who is an Assistant in the Governor's Secretariat made a representation for being nominated to the Punjab Civil Service (Executive (Branch), hereinafter referred to as the Service. The Secretary to the Governor forwarded the Petitioner's representation to the Chief Secretary, Punjab Government, for disposal. The Chief Secretary was authorised to send the nomination roils of five eligible persons. He considered the claim of the Petitioner for selection as one of the Chief Secretary's nominees. He did not, however, select the Petitioner but selected Respondents No. 4 to 8. Thereupon the Petitioner approached this Court under Articles 226 and 227 of the Constitution for quashing the nomination of Respondents No. 4 to 8 and for directing Respondents No. 1 and 2 (the State of Punjab and the Chief Secretary to Punjab Government) not to send the list of the Chief Secretary's nominees to the Punjab Public Service Commission, but to send the same to the Governor. It has further been prayed that after setting aside the nomination of Respondents No. 4 to 8, the other Respondents (the State of Punjab, the Chief Secretary to Government, Punjab and the Punjab Public Service Commission) may be directed to consider the name of the Petitioner for nomination on Register A -II.

(3.) RULE 8 deals with selection of candidates for Register A -II. Relevant part of that rule reads as follows: