Judgement

O. CHINNAPPA REDDY, J.: - Miss Neelima Shangla desires to be appointed to the Haryana Civil Service (Judicial) Branch. She has a brilliant academic record. The certificates produced by her show that from Matriculation to L.L.B. she has passed every one of her examinations in the first division. She was ranked No. 2 in the L.L.B. examination of the Punjab University. She was awarded the national merit scholarship and the UGCs scholarship. She was also awarded he medal for the best all round student of the Law Department in the year 1980-81. Her extra curricular activities also appear to be of a very high order. She was President of the College Young Speakers Club, Vice-President of the College Students Council, the best camper and debater and represented the Punjab University in the All India Rock Climbing and Mountaineering Camp. She was the student Editor of the College Magazine, the Law Review and the Punjab University Magazine. She has also some published works to her credit. She appeared at the competitive test held in 1983-84 for selection to the Haryana Civil Service (Judicial) Branch. She secured 60.8 per cent marks in the written test and 50.5 per cent marks in the viva voce test. She was ranked No. 24. It may be mentioned here that there were altogether 774 applicants, while 390 only appeared at the test. Out of the candidates who appeared at the test, 54 candidates belonging to the general category, four candidates belonging to backward classes, four candidates belonging to scheduled castes and two candidates belonging to the category of ex-servicemen, qualified for appointment for securing the prescribed minimum of 55 per cent. According to the petitioner, though there were 54 vacancies altogether, the Public Service Commission purported to recommend 26 candidates only and they included 17 from the general category. The petitioner claims that 32 candidates in order of merit from the general category should have been selected for appointment and that the Service Commission illegally withheld the names of all the successful candidates from the Government and the High Court. She contends that if the rules had been adhered to, she would have been selected for appointment. To appreciate her submission, it is necessary to refer to the relevant rules. The rules relating to the appointment of Subordinate Judges in Haryana are in six parts - A, B, C, D, E and F. Part A deals with qualifications. Part B deals with submission of rolls. Part C deals with examination of candidates. Rule 1 of Part C provides that an examination will be held at a place to be determined by the Haryana Public Service Commission. Rule 5 provides that the Judges of the High Court may, from time to time, declare the subjects in which the examination will be held. Rule 7 prescribes that no candidate shall be called for the viva voce test unless he obtains at least 45 per cent marks in the aggregate in all the written papers and 33 per cent marks in the language paper, Hindi (in Devanagri script). Rule 8 is important and it is as follows :

"No candidate shall be considered to have qualified in the examination unless he obtains at least 55 per cent in the aggregate of all papers including Viva Voce test.

The merit of the qualified candidates shall be determined strictly according to the marks obtained by them.

Provided that in case two or more candidates obtain equal marks, their merit shall be determined according to the marks secured by them in the Viva Voce and if the marks in the Viva Voce of the candidates are also equal, the older in age shall be placed higher in order of merit."

Rule 10 is also important and it is as follows :

"(i) The result of the examination will be published in Haryana Government Gazette.

(ii) Candidates will be selected for appointment strictly in the order in which they have been placed by the Haryana Public Service Commission in the list of those who have qualified under rule 8 :

Provided that in the case of candidates bel