2014 Supreme(SC) 172

SUPREME COURT OF INDIA
Surinder Singh Nijjar, Ranjana Prakash Desai, JJ.
Public Service Commission, Uttaranchal – Appellant
VERSUS
Jagdish Chandra Singh Bora & Anr. Etc. – Respondents
CIVIL APPEAL NO. 3034 OF 2007 With CIVIL APPEAL NO. 3036 OF 2007
Decided On : 03-03-2014

IMPORTANT POINTS
1. Selection procedure can not be altered after the process of selection has been completed.2. It is settled proposition of law that the executive orders cannot supplant the rules framed under the proviso to Article 309 of the Constitution of India. Such executive orders/instructions can only supplement the rules framed under the proviso to Article 309 of the Constitution of India.

Headnote:Service Law – Uttaranchal Subordinate Service [Emergency Direct Recruitment (First Amendment)] Rules, 2003 – Uttaranchal Subordinate Engineering Service (Emergency Direct Recruitment) Rules, 2001 – Constitution of India,1950 – Article 309 – Appeals by Public Service Commission, Uttaranchal, challenging judgment of High Court wherein it gave a direction to appellant to give weightage of 10 bonus marks to the trained apprentice candidates as per Rules, 2003” in the selection held by UPSC – High Court directed that after adding 10 marks, merit list of selected candidates be prepared and recommended for appointment to Government – Held Selection process was under the 2001 Rules – The Rules of 2001 as well as advertisement did not provide for any additional marks/weightage to be given to the trained apprentices – The Rules of 2003 came into force on 31.7.2003 – No retrospective effect could be given to the same without any express provision to that effect being made in the Rules – This apart, the 2001 Rules that were said to be amended were, in fact, non – existent – High Court, erred in holding that 2003 Rules were applicable to the process of selection which had commenced in 2001 under the 2001 Rules – The 2003 Rules could not have the effect of amending the 2001 Rules which had already ceased to exist – The respondents, hence could not claim that any accrued or vested right of the trained apprentices had been taken away by the 2004 clarification, in relation to the selection governed by the 2001 rules, and advertisement dated 11.11. 2001 – High Court committed an error, in holding that the 2003 rules were applicable, and in not taking into consideration that all posts had been filled up by the time decision had been rendered – Impugned judgment rendered by High Court held unsustainable in law and set aside – Appeals allowed (Paras 22 to 29)

       Facts of the Case –

       Present appeals have been filed by the Public Service Commission, Uttaranchal, Haridwar challenging the judgment of the High Court. By the aforesaid judgment, High Court had given a direction to the appellant to give weightage of 10 bonus marks to the trained apprentice candidates as per the “Uttaranchal Subordinate Service [Emergency Direct Recruitment (First Amendment)] Rules, 2003” in the selection held by UPSC; and after adding 10 marks, merit list of the selected candidates be prepared and recommended for the appointment to the Government. It had also been directed that all the successful candidates shall be given appointment in the remaining vacancies of the Junior Engineers in the various departments of the Government and the instrumentalities of the State according to the merit list of apprentices selected in the merit list. It had been further directed that the aforesaid order shall survive for one year from the date of its publication.

       Findings of the Court –

       All the candidates including the respondents participated in the selection process, being fully aware that no preference would be given to the trained apprentices. Hence it could not be said that any accrued or vested right had accrued to the trained apprentices, under the 2001 Rules. The Rules of 2003 came into force on 31.7.2003. No retrospective effect could be given to the same without any express provision to that effect being made in the Rules. This apart, the 2001 Rules that were said to be amended were, in fact, non – existent. High Court, erred in holding that 2003 Rules were applicable to the process of selection which had commenced in 2001 under the 2001 Rules. The 2003 Rules could not have the effect of amending the 2001 Rules which had already ceased to exist. High Court committed an error, in holding that the 2003 rules were applicable, and in not taking into consideration that all posts had been filled up by the time decision had been rendered. Impugned judgment rendered by High Court held unsustainable in law and set aside. Appeals were allowed.

       Result – Appeals allowed