SURINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Haryana Public Service Commission (hereinafter referred to as 'the Commission') vide Annexure-1 advertised 19 posts (temporary) of Assistant District Attorney (Gazetted Group 'B') in the prosecution department of the State of Haryana. Out of the posts advertised, six were reserved for Scheduled Castes, 2 for Backward Classes, 2 for Physically Handicapped and 2 for Ex-Servicemen. The closing date for the receipt of the application forms was fixed as 31.7.1991. The advertisement also provided the essential qualifications for the appointment in question as being: (i) degree of Bachelor of Law from a recognised University; (ii) practice at the bar for a period of not less than two years; and (iii) adequate knowledge of Hindi and the age prescribed as on 31.7.1991 was between 24-35 years which was made relaxable in some situations. The petitioner who was a practising advocate in the District Courts at Karnal at the relevant time possessed the qualification at Serial Nos. (i) and (iii) but did not have the qualification set out at serial No. (ii) above. The Commission-respondent No. 2 thereafter conducted the interviews and recommended 87 candidates for the 19 posts that had been advertised. The petitioner could not however compete in this selection as he was admittedly lacking the qualification of experience of two years' practice at the bar. He thereafter filed the present writ petition praying that it was not open to the Commission to recommend the filling up of more than the advertised number of posts as it had jeopardised his chances in competing in a future selection as the number of posts which would have become available at a later stage had been drastically reduced.

(2.) Notice of motion was issued on 2nd April, 1992 and it was directed by the Division Bench that appointment to the posts in question beyond the 19 advertised posts be stayed till further orders. The respondents thereafter put in appearance and on 14th May, 1992, the matter was admitted to Division Bench and a further direction was issued that those persons who had already joined service on or before 2nd April, 1992, would continue in service till further orders and those persons whose names figured in the merit list up to Serial No. 19 would also be permitted to join service if they had not already done so. This order was subsequently modified vide order dated 2nd June, 1992 and it was directed that the appointment to the other posts could also be made subject to the final decision in the writ petition. It is the admitted case that all the 87 selectees have since joined service.

(3.) The respondents have also filed their replies. The stand taken by respondent No. 1 the State of Haryana is that the posts had been advertised vide Annexure P.1 but in the intervening period from 20th February, 1991, (i.e. the date of the requisition made to the Commission) to 31st January, 1992, 39 additional posts had become available which included 16 newly created posts, 15 posts on account of promotions, 3 due to deaths, 2 because of resignations and one each on account of retirement and for non-joining of the selectees and out of these 39 posts, 28 posts were for direct recruitment and an additional demand for 28 posts had accordingly been made to the Commission vide requisition dated 26th February, 1992. It was further stated that the government had also sought to streamline the legal cells in various boards and corporations and a proposal had been initiated that 54 new posts of ADAs be created - 11 of them to be filled up by transfer and 43 by direct recruitment - to man the said posts in the corporations/boards and Annexures R-4 and R-8 to this effect were also appended with the reply. The stand of the State counsel accordingly is that 90 posts, in all, were available which were required to be filled in.