The democratic polity requires an honest and efficient Civil Service. The roots of the Civil Service go back a long way stated to have arisen from the ancient Egyptian Civilization flourishing as early as 3,000 B.C.

1.2. Kautilya's Arthasastra in India is a treatise on the administrative apparatus. This is a reflection of the significance of a proper administration in any governance. It is also a reflection of the historical importance given to proper administration in our country. The Mughal regime did not lose the significance of this administrative apparatus, though they developed their own bureaucratic system which continued till the British time with the implementation of the Macaulay's Report requiring the best and the brightest for the Indian Civil Service in the background of what in his own words was “such high moral values, people of such calibre, the very backbone of this nation, which is her spiritual and cultural heritage”. Macaulay's Report perceived the Indian Civil Service (ICS) recruitment not as a matter of favour, but a matter of right and the report said, “He who obtains such an appointment will owe it solely to his own abilities and industry”.

1.3. The dawn of independence was expected to make significant changes in the administration in public service, but the ICS tradition survived and prospered in the early years.

1.4. The Indian Constitution makers provided for an independent judiciary with separation of executive from judicial functions. The Constitution also devised certain independent agencies to deal with particular matters and one such institution is the Union and State Public Service Commissions.

1.5. The Constitutional Law debates records this in the words of Late President, Hon'ble Dr.Rajendra Prasad, as under:

“Our Constitution has devised certain independent agencies to deal with particular matters. Thus, it has provided for Public Service Commission both for the Union and for the States and placed such Commission on an independent footing so that they may discharge their duties without being influenced by the Executive. One of the things against which we have to guard is that there should be no room so far as it is humanly possible for jobbery, nepotism and favouritism. I think the provisions which we have introduced into our Constitution will be very helpful in this direction.”

1.6. The historical perspective of the Public Service Commission came to be initially examined by the Hon'ble Supreme Court in State of Mysore v. R.V.Bidap, (1974) 3 SCC 337 by the Constitution Bench. It referred to the drafting preludes to the framing of the Constitution from a study by B.Shiva Rao with important speeches in the House, which were apposite and illuminating. It emphasized that to secure an efficient Civil Service, it will be instrumental to protect it from political and personnel influences and, thus, it would be an impartial and efficient instrument. Whatever be the political complexion of the powers that be, the “spoils system” will jettison. Shri H.V.Kamath eruditely says “If a Member of the Public Service Commission is under the impression that by serving and kowtowing to those in power he could get an office of profit under the Government of India or in the Government of a State, then I am sure he would not be able to discharge his functions impartially or with integrity.”

1.7. We are in the present set of cases concerned with the appointment to this very high post and august office of a Member of the Tamil Nadu Public Service Commission on challenge being laid by the petitioners both to the merit of the candidates and the process of appointment.

THE FACTS

2.1. We do not consider it necessary to advert to the individual facts of each case. The substratum of the challenge is the same and are thus putting forth the necessary facts required for adjudication of the matter.

2.2. For the sake of convenience, the parties are referred to as per their rank in W.P.No.4113 of 2016.

2.3. The vacancies for the po