1977 Supreme(MP) 122

High Court Of Madhya Pradesh
Shiv Dayal, C. J. , J. S. Verma and J. P. Bajpai, JJ.
OMPRAKASH - Appellant
Versus
STATE OF MADHYA PRADESH - Respondents
Misc. Petn. 192 Of 1977
Decided On : 11/23/1977

Headnote:(1) Constitution of India - Art. 323(2) - candidate selected by the Public Service Commission-Government need not appoint those persons-limitations on this power-Government not accepting advice of the Public Service Commission - report has to be made to the Legislature-powers of the Court to question this matter -Educational Service (Collegiate Branch) Recruitment Rules, 1967 (MP) - R. 13;

       (a) It is open to the State Government not to appoint an) one from the list of candidates selected by the Public Service Commission. However, it is not open to the Government (i) to appoint any person whose name does not appear in the list; or (ii) to appoint out of turn any person whose name appears in the select list by disturbing the order of merit of that list, unless, under the rules for the time being in force, the candidates ranking above him in the said list are ineligible for appointment in Government service.

       (b) Where the Government does not accept the advice of the Public Service Commission, it has to report its reasons to the Legislature of the State. Thus, the Government is answerable to the Legislature, but not to any candidate; nor is the matter justiciable except when there is violation of any statutory rule. For instance, where a person is appointed whose name does not appear in the list at all or when in making an appointment the Government alters the order of merit in which the Public Service Commission made the selection.

       (c) The Court can interfere in an action of the Government on the ground of fraud or malafide. [Para 11]

       (2) Constitution of India - Art. 323 - list published by Public Service Commission-in the absence of a statutory rule may lapse after one year under executive instructions.

       [Para 11]

       (3) Constitution of India -Art. 323 - function of Public Service Commission-it only selects candidate-Government may not appoint-may allow the list to lapse-after the lapse of the list may again call for a fresh list.

       The Public Service Commission merely selects suitable candidates, but the app 1inting authority is the State Government For reasons of its own it may not fill the post at all. It is not bound to make an appointment. If by omission to make an appointment the list lapses on the expiry of one year, there is no violation of any statutory rule, for which the Court interfere. It is different matter that the Government may be answerable to the Legislature.

       [Para 11]

       After the list of selected candidates lapses, the Government may request the Public Service Commission for a fresh selection. (The Full Bench refrained from expressing any opinion on the point as to whether before the expiry of one year the Government can ignore and supersede the list of selected candidates and ask the Commission for a fresh selection.) [Para 11]

       (4) Educational Service (Collegiate Branch) Recruitment Rules, 1967 (MP) – R. 13(3) -list recommended by the Public Service Commission-duty of the Government.

       Where the Public Service Commission recommends a list of candidates, the Government is not bound to fill any vacant post. The Government cannot fill the vacant post by appointing a person whose name does not appear in that list, nor the order of merit in the selected list can be disturbed by the Government in making an appointment. [Para 11]

       (5) Constitution of India - Art. 323 - Public Service Commission -selection of most suitable candidates-discretion to fix any criterion.

       (a) The Public Service Commission has unfettered right to evolve its own method or modus operandi for selection of most suitable candidates and for that purpose it may fix any criterion, subject to the eligibility fixed by the statute or by the Government being satisfied. The Commission will be within its rights to c1assify the numerous applications into certain categories and to can for interview only those candidates, who come within certain specified categories.

       (b) There is no contravention of any ru1e in fixing the minimum standard for selection. The Commission can fix a category on the basis of PLUS qualification and/or PLUS experience. That matter is in the absolute discretion of the Com mission. [Para 11]