Judgment

MISRA, J. :- The present appeal by special leave is directed against the judgment dated 29th March, 1979 of the Allahabad High Court, allowing a petition under Article 226 of the Constitution.

2. In the State of Uttar Pradesh, there is a Service commonly known as Naib Tehsildars. They have always formed the backbone of the revenue administration in that State. Sixty per cent of the posts of Naib Tehsildars are filled through a competitive examination held by the State Public Service Commission. The remaining posts are filled by promotion. There is another Service in that State known as the Service of Tehsildars. Cent per cent of the posts of Tehsildars are filled by promotion from amongst various sources such as Naib Tehsildars, Peshkars of the Kumaon Division, Kanungos, Kanungo Inspectors or Instructors and Sadar Kanungos.

3. Ram Gopal Shukla, the respondent, started his service as Kanungo in 1949. In due course, he was promoted as Naib Tehsildar. In 1962, he was confirmed as such, and in 1963 he was appointed as Tehsildar in an officiating capacity.

4. It appears that a regular selection for the posts of Tehsildars was held in 1966 in accordance with the Uttar Pradesh Adheenasth Rajaswa Karyakari (Tehsildar) Sewa Niyamavali, 1966 (hereinafter referred to as the Tehsildar Rules 1966). Rule 5 of these Rules provides the sources of recruitment to the post of Tehsildar. Rule 6 thereof lays down conditions for eligibility and provides, -

"For the purposes of recruitment to the Service a selection strictly on merit shall be made from amongst all the permanent Naib Tehsildars, Peshkars of the Kumaon Division, Kanungo Inspectors or, Instructors and Sadar Kanungos, who have put in not less than seven years service in the aggregate as such or in an equivalent or higher post in a substantive or officiating capacity on the first day of January of the year in which the selection is made."

Rule 7 enjoins upon the Parishad to report by 1st of March every year to the Government the number of vacancies in the Service expected during the following calendar year, and then provides that the Governor shall fix the number of appointments to be made. Rule 8 lays down the criterion for selection. Rule 9 prescribes the procedure for selection. As this rule is important for the purpose of the present case, it is reproduced in so far as it is relevant,

"9. The procedure for selection shall be as follows :

(1) The Parishad shall draw up, in order of merit, a list of most suitable candidates from amongst those who are eligible for promotion to the posts of Tehsildars. The names in the list shall ordinarily be double the number of substantive vacancies to be filled, during the course of the year.

(2) The Parishad shall also draw up, in order of merit, a supplementary list containing names of officials considered suitable for officiating or temporary vacancies expected to occur during the course of the year.

(3) The two lists drawn up under clauses (1) and (2) above together with a gradation list prepared under clause (b) of Rule 10, indicating therein the reasons for passing over the seniors, if any and the character rolls of all the eligible officials shall be forwarded by the Parishad to the Commission ................."

(4) The Parishad shall thereafter, in consultation with the Commission, fix date, on which a Selection Committee consisting of-

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shall consider the cases of the eligible candidates whose names are contained in the final lists drawn up by the Commission and interview such of them as are indicated by the Commissioner under clause (3) above.

(5) The lists of the names selected by the Committee shall be taken with him by the representative of the Commission for placing them before the Commission, and the Commission shall thereafter send their final recommendations to the Parishad.

(6) The Parishad shall draw from the first list received from the Commission under clause (5) above, as many candidates as there are permanent vacancies