The Government has the discretion to decide whether a person possesses good moral character for the purpose of appointment to the post of Subordinate Judge, and a person who has not been able to give satisfactory evidence of his good moral character cannot acquire a clear legal right to appointment as a Subordinate Judge.

Bhandari, J.

1. This petition raises the question whether the petitioner has acquired a clear legal right to appointment as a Subordinate Judge in the Punjab.

2. Shri Bal Krishan Aggarwal, a law graduate of the Banaras University, appeared in the examination of candidates for appointment to the Judicial Branch of the Punjab Civil Service which was held in the year 1950 and obtained the 25th position in the order of merit. The first six candidates were selected for appointment as officiating Subordinate Judges in the regular cadre while eight of the remaining candidates, including the petitioner, were selected for appointment as Subordinate Judges on a temporary basis. In June 1954 the High Court addressed a communication to Government in which they stated that whereas the Honourable Judges were completely satisfied in regard to the character and ability of six of the temporary Subordinate Judges and could safely recommend them for appointment as officiating Subordinate Judges in the regular cadre they were unable to vouch for the character or reputation of the remaining two candidates, including the petitioner, and were unable to make a similar recommendation in their favour. They expressed a desire, however, that they would like to watch the work and conduct of these two officers before recommending their confirmation or removal. The State Government accepted a part of this recommendation and selected the following candidates for appointment as Subordinate Judges on a permanent basis-- Name Position in order of merit.

(1) Shri Brij Lal Mogo 20

(2) Shri Pritpal Singh 20

(3) Shri Iqbal Singh 23

(4) Shri Kanwal Krishan Gojral 23

(5) Shri Ved Parkash Aggarwal 25

(6) Shri Amar Nath Aggarwal 27

It directed, however, that the services of the remaining two candidates who were unable to maintain good reputation and who were recruited as Subordinate Judges strictly on a temporary basis should be terminated immediately in accordance with the terms of their temporary appointment, that is after giving them one months notice.

3 On 1-2-1955 the petitioner submitted a petition under Article 223 of the Constitution for the issue of a mandamus requiring the State Government to appoint the petitioner to the regular cadre of Subordinate Judges as the selection of Shri Ved Parkash Aggarwal and Shri Amar Nath Aggarwal who ranked below him in order of merit was contrary to the rules framed by the Governor and was wholly illegal, arbitrary and discriminatory.

4. The procedure for the selection and appointment of candidates to the Judicial Branch of the Punjab Civil Service has been set out in the rules concerning the appointment of Subordinate Judges which were framed by the Governor under Article 234 if the Constitution. These rules provide that an examination of candidates for appointment as Subordinate Judges shall be held from time to time under the supervision of the Public Service Commission, that the result of the examination shall be published in the Punjab Government Gazette, that candidates shall be selected for appointment strictly in the order in which they have been placed by the Public Service Commission and that their names shall be entered in the High Court register in the order of their selection. They further provide that whenever a vacancy arises in the cadre of the Judicial Branch of the Punjab Civil Service the Honourable Judges will make a selection from the High Court register in the order in which the names have been entered and the name of the selected candidates will be forwarded to Government for appointment as a Subordinate Judge under Article 234 of the Constitution. These rules make it quite clear that candidates must be appointed in the order in which they have been placed in the list of successful candidates.

5. But there are other rules which are equally important. One rule empowers the Judges, for any reason which may seem fit to them, to remove from the H