Public interest litigation in service matters is not maintainable if the petitioner lacks locus standi and has not applied for the posts in question.

Kuldip Singh, J.-The petitioner in the petition has prayed that the appointments of respondents No.4 to 9 made through back door method may be quashed and set-aside, respondents No.1 to 3 may be directed not to make the appointments except in accordance with law, the appropriate authorities may be directed to grant sanction for the prosecution of the guilty persons and guilty persons may be punished in accordance with law. The other prayers made in the petition are incidental.

2. The case of the petitioner is that he is a sportsman of national level, his right has been ignored while appointing respondents No.4 to 9, though, he has better merit than respondents No. 4 to 9. it is the case of the petitioner that every sportsman of Himachal Pradesh should get employment in accordance with his qualification, rules and prescribed procedure. The genuine rights of the sportsmen for public employment are not being properly considered and accepted by the respondent-State, therefore, the petitioner has filed the petition.

3. The petitioner has played All India Inter-University Boxing Championship held at Punjab University, Chandigarh in January, 1987, he got second position in All India Inter University Boxing when he represented the Himachal Pradesh University on 18.2.1989. The petitioner has also won bronze medal in Boxing in National All India Boxing Championship, held from 3.6.1987 to 7.6.1987. The petitioner has played water-polo from Punjab University Sports Tournament on 20.9.1986. The petitioner has also participated in wrestling in Punjab University Sports Tournament on 17.10.1986. The petitioner has secured second position in wrestling in Himachal Pradesh University in 1988-89. The petitioner has done B.A. from Punjab University in April, 1987 and has obtained degree in law from H.P.University.

4. The respondents No.1 to 3 without advertising the vacancies have recruited respondents No.4 to 9 on the posts of Assistant Sub Inspectors and Inspectors in Police Department in Himachal Pradesh on chits issued by respondent No.3. The concurrence or approval of the Finance Department was also not obtained by the respondents No.1 to 3 before filling these posts. The names of the persons, who have been appointed against these posts were not sponsored by the Employment Exchange. It has been alleged that no written test, interview was held or conducted for these posts by respondents No. 1, 2. Some of the appointees against these posts were even not having the requisite minimum eligibility qualification. The petitioner has got better academic record and better record in sports. The petitioner has played Boxing, Water Polo and Wrestling whereas respondents No.4 to 9 have played only one game.

5. It has been alleged that reply to question (c ) of Annexure P-8 indicates that the appointments of respondents No. 4 to 9 have been made without calling their names from Employment Exchanges and without following any legally required procedure in this behalf. The appointments of respondents No.4 to 9 were made on the basis of recommendations made by respondent No.3, whereas the petitioner and similarly situated persons are waiting for their turn to be absorbed in the public employment on the basis of their merit. It has been alleged that no test, interview was held or conducted while making illegal appointments of respondents No.4 to 9. The contents of Annexure P-8 further indicates that most of the appointments were made from District Shimla and more particularly from Rampur and Rohru which are represented by respondent No.3. It has been alleged that several other persons in addition to respondents No.4 to 9 were similarly appointed in various Departments without following due procedure. There are lacs of persons who have got their names registered in the Employment Exchanges in the State and are waiting their turn for being appointed even on daily-rate basis but respondent No.3 is recruiting, appointing persons in various departments th