BAL KRISHAN AGGARWAL Vs. PUNJAB STATE

JUDGEMENT

(1.) This petition raises the question whether the petitioner has acquired a clear legal right to appointment as a Subordinate Judge in the Punjab.

(2.) Shri Bal Krishan Aggarwal, a law graduate of the Banaras University, appeared in the examination of candidates for appointment to the Judicial Branch of the Punjab Civil Service which was held in the year 1950 and obtained the 25th position in the order of merit. The first six candidates were selected for appointment as officiating Subordinate Judges in the regular cadre while eight of the remaining candidates, including the petitioner, were selected for appointment as Subordinate Judges on a temporary basis. In June 1954 the High Court addressed a communication to Government in which they stated that whereas the Honourable Judges were completely satisfied in regard to the character and ability of six of the temporary Subordinate Judges and could safely recommend them for appointment as officiating Subordinate Judges in the regular cadre they were unable to vouch for the character or reputation of the remaining two candidates, including the petitioner, and were unable to make a similar recommendation in their favour. They expressed a desire, however, that they would like to watch the work and conduct of these two officers before recommending their confirmation or removal. The State Government accepted a part of this recommendation and selected the following candidates for appointment as Subordinate Judges on a permanent basis-- Name Position in order of merit.

(3.) On 1-2-1955 the petitioner submitted a petition under Article 223 of the Constitution for the issue of a mandamus requiring the State Government to appoint the petitioner to the regular cadre of Subordinate Judges as the selection of Shri Ved Parkash Aggarwal and Shri Amar Nath Aggarwal who ranked below him in order of merit was contrary to the rules framed by the Governor and was wholly illegal, arbitrary and discriminatory.