Jagjit Singh vs State Of Punjab - 1978 Supreme(SC) 123

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1978 Supreme(SC) 123

SUPREME COURT OF INDIA
V.R. KRISHNA IYER, JASWANT SINGH AND V.D. TULZAPURKAR, JJ.
Jagjit Singh, Appellant
Versus
The State of Punjab, Respondent.
Civil Appeal No. 2962 of 1977
Decided on 28-3-1978.
Advocates appeared

Mr. M. R. Agnihotri and Mr. P. C. Bhartari Advocates for Appellant; Mr. S. K. Mehta and Mr. K. R. Nagaraja Advocates for Respondent.

Advocates:
K.R.NAGARAJA, M.R.Agnihotri, P.C.BHARTARI, S.K.MEHTA

Headnote:
Constitution of India – Article 226 and 227 – Circumstantial evidence – Public service Commission - With a view to safeguard the interests of the members of the Scheduled Castes/Tribes and Backward Classes, it has been decided that if the services of a Government Servant belonging to Scheduled Castes/Tribes or Backward Classes are terminated, the resultant vacancy should not be included in the normal pool of vacancies to be filled in accordance with the Block System but should be filled up on ad hoc basis from the candidates belonging to these castes and classes. In other words the intention is that the posts vacated by members of Scheduled Castes/Tribes and Backward Classes should remain earmarked and be filled up by members belonging to these Classes – Held, We frankly confess we are unable to understand the rationale or approach of the High Court which manifestly runs counter to the aforesaid instructions of the Government contained in Circular No. WG II-13 (29)-61/5598 dated March 6, 1961. The instructions not only deprecate the then existing practice according to which in case of termination of the service of a Govt. servant belonging to Scheduled Castes/Tribes and backward classes, the resultant vacancy was included in the normal pool of vacancies to be filled up in accordance with the block system and characterise it as repugnant to the dominant idea of giving due representation to the members of Scheduled Castes/Tribes and backward classes but go on to lay down in unmistakable terms that if the services of a Government servant belonging to Scheduled Castes/Tribes or backward classes are terminated, the resultant vacancy should not be included in the normal pool of vacancies to be filled up in accordance with the block system but should be filled up on ad hoc basis from the candidates belonging to these castes and classes. The instructions put the matter beyond the pale of controversy by emphatically declaring that the intention of the Government was that the posts vacated by members of Scheduled Castes/Tribes and backward classes should remain earmarked and be filled up by the members belonging to the Scheduled Castes/Tribes and backward classes - In face of these clear and categorical instructions, the contention advanced on behalf of the State that the vacancy meant for Scheduled Castes having been once utilised by Harinder Singh Khalsa ceased to be a reserved vacancy and the appellant had no right to be appointed against it cannot be countenanced and consequently the claim of the appellant cannot but be upheld. We have no doubt in our mind that the resultant vacancy caused by the resignation of Harinder Singh Khalsa should have gone to the appellant who belonged to the Scheduled Caste and was entitled to it both on the basis of the merit and the policy statement contained in the aforesaid Circular letter of the Government as well as the fact that no competitive examination had been held by the Commission between 1972 and the end of 1974 in which the appellant could have or should have appeared - Appeal allowed

JUDGMENT

JASWANT SINGH, J. :— This appeal by special leave is directed against the judgment and order dated September 3, 1976 of the Punjab & Haryana High Court dismissing the writ petition No. 2504 of 1975 filed by the appellant under Arts. 226 and 227 of the Constitution.

2. The circumstances leading to this appeal are: Six vacancies in the Punjab Civil Service (Executive Branch) having occurred in the year 1971, the State Government requested the Punjab Public Service Commission (hereinafter referred to as the Commission) to select and recommend six candidates to fill up the said vacancies. According to R. 6 read with R. 11 of the Punjab Civil Service (Executive Branch) Rules, 1930, recruitment to the Punjab Civil Service (Executive Branch) has to be made from amongst the persons whose names are borne on the register known as Register B on the basis of the result of the competitive examination held by the Commission in conformity with the rules and regulations framed in that behalf. As longer time than anticipated was taken in holding the examination and completing the selection and in the meanwhile six more vacancies in the Punjab Civil Service (Executive Branch) occurred in 1972, the State Government requested the Commission to recommend the names of six more candidates on the basis of the result of the competitive examination for filling up the additional six vacancies. Accordingly after completion of the requisite formalities, the Commission held the competitive examination called the Punjab Civil Service and Allied Services Examination in December, 1972/January, 1973 to select eligible candidates for the aforesaid 12 vacancies in the Punjab Civil Service and other vacancies in the Allied Services. In the said examination, the appellant who was a member of the Scheduled Castes secured third position in the order of merit amongst the candidates belonging to the Scheduled Castes, the other two candidates above him being Harinder Singh Khalsa and Hans Raj Megh. The Commission recommended 12 persons including the aforesaid three persons who belonged to the Scheduled Castes for recruitment to the Punjab Civil Service (Executive Branch). As the appellant had been placed at serial No. 3 in the order of merit amongst the candidates belonging to the Scheduled Castes in the aforesaid examination and only two posts, one each for the years 1971 and 1972, in the Punjab Civil Service (Executive Branch) were available for members of the Scheduled Castes on the basis of 20% quota reserved for them against which Harinder Singh Khalsa and Hans Raj Megh were appointed, the appellant could not be recruited to the Punjab Civil Service (Executive Branch). He was, however, appointed as A Class Tahsildar in one of the Allied Services as per the second preference indicated by him in his application seeking admission to the Punjab Civil Service and Allied Services Examination. Consequent upon his selection for appointment in the Indian Administrative Service, Harinder Singh Khalsa who had joined the post of Extra Assistant Commissioner in the Punjab Civil Service (Executive Branch) on or about June 21, 1974 resigned his office and was relieved thereform on August 11, 1974. Being the next candidate in order of merit amongst the Scheduled Castes candidates in the select list of the Punjab Civil Service (Executive Branch), the appellant made a representation to the State Government claiming on ad hoc basis the vacancy caused by the resignation of Harinder Singh Khalsa in accordance with the State Governments instructions contained in Circular Letter No. WG II-13 (29)-61/5598 dated March 6, 1961, the validity whereof had been upheld by a Division Bench of the Punjab & Haryana High Court vide judgment dated May 26, 1966 in C. W. No. 3063 of 1965 entitled Harbhajan Lal Mudgil v. State of Punjab. The said Circular Letter reads as follows:-

"NO. WGII-13(29)-61/5598

From

Shri E. N. Mangat Rai, I. C. S.

Chief Secretary to Government,

Punjab

All Heads of Depa

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