Judgment

KULDIP SINGH, J. - Leave granted in both the Special Leave Petitions.

2. We are called upon to interpret the expression "in special cases from among persons" in Rule 4(1) and the expression in special circumstances" in Rule 8(2) of the Indian Administrative Service (Recruitment) Rules, 1954 (the Rules).

3. S. H. School and three others (Civil Service Officers) who are substantive members of the Maharashtra Civil Service challenged before the Central Administrative Tribunal, New Bombay Bench the selection of W. G. Gurde and P. M. Bayas to the Indian Administrative Service by way of special selection under the Rules. They also sought quashing of the appointment of five other persons (respondents 4 to 8 before the Tribunal who had already been appointed to the Indian Administrative Service (IAS) by way of special selection. The Tribual dismissed the application of School and others so far as the five persons already appointed to the IAS, respondents 4 to 8. on the ground that the application was belated and barred by limitation. The Tribunal, however, allowed the application so far as Gurde and Bayas were concerned and quashed their selection to the IAS. These two appeals by way of special leave are by Bayas and the State of Maharashtra against the judgment of the Tribunal dated July 19, 1991.

4. The case of the Civil Service Officers before the Tribunal was that they were substantive members of Maharashtra Civil Service for about 22/25 years and their names were placed on the select list for promotion to IAS since the years 1986/1988 but they could not be appointed to the IAS because the vacancies occurring in the State of Maharashtra were being filled by resorting to special selection and appointing persons like the appellant Bayas and others.

5. We may at this stage notice the relevant Rules. Rules 4(1) and 8(2) of the Rules are reproduced hereunder:

"4. Method of recruitment of the Service.-

(1) Recruitment to the Service after the commencement of these rules, shall be by the following methods, namely:

(a) by a competitive examination;

(aa) by selection of persons from among the Emergency commissioned officers and short service commissioned officers of the Armed Forces of the Union "who were commissioned on or after the 1st November, 1962 but before the 10th January, 1968, or who had joined any pre-commission training before the later date, but who were commissioned on or after that date".

(b) by promotion of substantive member of a State Civil Service;

(c) by selection, in special cases from among persons, who hold in a substantive capacity gazetted posts in connection with the affairs of a State and who are not members of a State Civil Service.

8(2) The Central Government may, in special circumstances and on the recommendation of the State Government concerned and in consultation with the Commission and in accordance with such regulations as the Central Government may, after consultation with the State Governments and the Commission, from time to time, make recruit to the service any person of outstanding ability and merit serving in connection with the affairs of the State who is not a member of the State Civil Service of that State but who holds a gazetted post in a substantive capacity."

6. In exercise of the power under Rule 8(2) of the Rules the Central Government has framed the Regulations called "Indian Administrative Service (Appointment by Selection) Regulations, 1956 (the Regulations)".

Regulations 3(1), 3(2), 3(2A), 3(3), 3(4) and 3(4A) of the Regulations which are relevant are reproduced hereunder:

"3(1) In accordance with the provision contained in sub-rule (2) of Rule 8 of the Recruitment Rules, the State Government may, from time to time, consider the cases of persons not belonging to the State Civil Service but serving in connection with the affairs of the State or States in the case of Joint Cadres, who-

(i) are of outstanding merit and ability; and

(ii) have completed not less than 12 years of continuous service i