PEMA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PEMARAM, the petitioner in this writ petition filed under Article 226 of the Constitution of India, was originally employed as Research Scholar in Geology in the Central Arid Zone Research Institute, Jodhpur. On 13th May, 1977, he joined the services of the Government of Rajasthan as Technical Assistant (Hydrogeology ). Subsequently, he was selected by the Rajasthan Public Service Commission (hereinafter referred to as, the Commission) for substantive appointment on the post of Technical Assistant (Hydrogeology) against the direct recruitment quota of 1977. A Technical Assistant (Hydrogeology) is eligible for appointment on the post of Junior Hydrogeologist. The post of Junior Hydrogeologist forms part of the Rajasthan Ground Water Board Service (hereinafter referred to as "the Service") and the recruitment to the posts in the service as well as conditions of services of personnel appointed to the service are governed by the Rajasthan Ground Water Board Service Rules, 1969 (hereinafter referred to as "the Rules") Under the Rules the appointment on the post of Junior Hydrogeologist is to be made 25% by promotion and 75% by direct recruitment. Rule 9 of the Rules requires the appointing authority to determine in each year the number of vacancies anticipated during the year and the number of persons likely to be recruited by each method. In the year 1977, the State Government determined that 7 vacancies on the post of Junior Hydrogeologist were to be filled by direct recruitment and a requisition dated 24th October, 1977, was sent by the State Government to the Commission for the purpose of selecting suitable persons for filling the said posts. After the receipt of the said requisition from the State Government the Commission issued an advertisement dated 15th December, 1977, whereby applications were invited for the 7 posts of Junior Hydrogeologists in the Ground Water Department. The last date for submission of applications, as mentioned in the said advertisement was 4th February, 1978. Atleast two year's experience in hydrogeological studies has been prescribed as an essential qualification under the Rules for appointment on the post of Junior Hydrogeologist by direct recruitment. Since the petitioner did not possess the said experience on 4th February, 1978 he could not submit his application in response to the above advertisement issued by the Commission. For the purpose of making selection on the basis of applications received in response to the advertisement dated 15th December, 1977), the Commission interviewed the applicants on 11th and 12th October, 1979. In the meanwhile on 5th October, 1979 the petitioner filed this writ petition wherein it has been prayed that an appropriate writ, order or direction be issued calling upon the respondents, namely the State Government and the Commission, to advertise the vacancies which have become available after the advertisement dated 15th December, 1977 had been issued and restraining the respondents from making any selection and appointment against all the vacancies on the post of Junior Hydrogeologist or against more than 7 vacancies on the post of Junior Hydrogeologist unless and until the same are re-advertised or the candidates who have become eligible subsequent to 4th February, 1978 are also given an opportunity to apply for these posts and to quash any selection or appointment made during the pendency of the writ petition on the posts of Junior Hydrogeologist.

(2.) IN the writ petition aforesaid the case of the petitioner is that subsequent to the issue of the advertisement dated 5th December, 1977. a number of vacancies on the post of Junior Hydrogeologist have become available as would be apparent from the fact that by orders dated 3rd November, 1978 and 7th July, 1979, 15 persons have been appointed on the post of Junior Hydrogeologist on an urgent temporary basis. According to the petitioner there were 32 vacancies out of which 27 vacancies have already been filled on urgent temporary basis and five posts were lying vacant and that out of those 32 vacancies, 24 posts were required to be filled by direct recruitment. The case of the petitioner is further that the petitioner become eligible for appointment on the post of Junior Hydrogeologist by direct recruitment in September, 1978 or in any event on 13th May, 1979 and that if the aforesaid vacancies were filled on the basis of the selection made by the Public Service Commission from amongst persons who have submitted their applications in pursuance to advertisement dated 15th December, 1977 the petitioner would be denied the right to be considered for appointment on the posts which fell vacant after the petitioner become eligible for appointment on the post of Junior Hydrogeologist and the aforesaid action would be violative of the fundamental rights of the petitioner guaranteed under Article 14 and 16 of the Constitution of INdia.

(3.) THE learned Assistant Government Advocate has, on the other hand, submitted that there is no provision in the Rules which requires the Commission to send its recommendations within 12 months of the date of the requisition sent by the State Govt. and that in the absence of such a provision in the Rules, it is not permissible to read such an obligation on the part of the Commission to send its recommendations within 12 months from the date of the requisition. THE learned Assistant Government Advocate has further submitted that the selection that has been made by the Commission for the 7 vacancies on the basis of the requisition sent by the State Government on 24th October, 1977, cannot be held to be bad because, at the time the said vacancies had arisen, the petitioner was admittedly not eligible for being appointed on the post of Junior Hydrogeologist by direct recruitment. THE learned Assistant Government Advocate has also submitted that in view of the proviso to Rule 16 of the Rules, it was permissible for the Commission to have sent its recommendations for additional posts not exceeding 50 per cent of the advertised vacancies and that it is open to the State Government to make appointments on 4 additional posts of Junior Hydrogeologists on the basis of the aforesaid recommendations of the Commission.