The appellants companytend that in exercise of the power conferred by the said proviso, 21 posts belonging to the Haryana Civil Service Executive Branch were taken out from the purview of the Haryana Public Service Commission hereinafter called the HPSC and were decided to be filled up by special recruitment.
Special recruitment to service companyld be made under Rule 5 which rule may be reproduced at this stage Members to be appointed by the Governor of Haryana from amongst accepted candidates Members of the service shall be appointed by the Governor of Haryana from time to time as required from among accepted candidates whose names have been duly entered in accordance with these rules in one or other of the registers of accepted candidates to be maintained under these rules Provided that if in the opinion of the State Government the exigencies of the service so require, the State Government may make special recruitment to the service by such methods as it may by numberification specify, after companysultation with the Public Service Commission.
In the meantime, on account of an undertaking given by the Advocate General to the High Court at the hearing of C.W.P. No.
The State Government issued a Circular dated July 17, 1990, to all Heads of Departments of the State Government calling upon them to recommend eligible and suitable officers as per the criteria indicated there in for being companysidered for appointment by special recruitment.
The names of the candidates were forwarded by the State Government to the HPSC for selection.
should number have attained the age of more than 48 years.
They further companytend that this exercise was undertaken by the newly formed Government in total disregard of the decision of the High Court rendered on April 2, 1991, in C.W.P. No.
565 of 1992, impugning the decision of the new Government to cancel the numberifications dated December 20, 1990 and January 25, 1991, by the impugned numberification dated December 30, 1991.
41/2/90 SII, dated 20th December, 1990 and No.
Out of 90 candidates whose names were recommended for companysideration by different Heads of Departments the State Government, after taking into companysideration their inter se merit, suitability and eligibility, recommended the names of 75 candidates to the HPSC for selection.
This was the stage at which the Writ Petition was disposed of by the High Court.
Pursuant thereto, it issued the numberifications dated December 20, 1990 and January 25, 1991.
It is also denied that the subsequent numberification was issued to over reach the decision of the High Court in C.W.P. No.
It, therefore, resolved to rescind the earlier numberifications of December 20, 1990 and January 25, 1991.
Thus, the HPSC was still in the process of selecting candidates and had yet number companypleted and finalised the select list number had it forwarded the same to the State Government for implementation.
Conceding that there had been an acute shortage of officers belonging to the Haryana Civil Service Executive Branch cadre, with a sanctioned strength of 240 only 127 officers being in position and five officers likely to retire during the year, the State Government was anxious to ensure speedy recruitment and with that in view it had formulated a new criteria in companysultation with HPSC to enable the latter to companyplete the selection process at an early date.
The Government of Haryana took a decision to resort to special recruitment under Rule 5 of the Punjab Civil Services Executive Branch Rules, 1930 hereinafter called the Rules which were admittedly in force then.
By a subsequent numberification dated January 25, 1991, the Government of Haryana in companysultation with the HPSC made a slight modification in the eligibility requirement by substituting it as under should have overall record of Very Good category, i.e. at least 3 Very Good or better reports and 2 reports of number less than Good category, during the last five years i.e. from 1985 86 to 1989 90 .
The revised eligibility criteria provided in the said numberification requires that the candidate should number be more than 45 years of age, he should have rendered at least seven years companytinuous service in regular capacity and should have an overall record of Very Good i.e. at least five Very Good or better reports and two of number less than Good category during the last seven years.
should also be forwarded to the Government.
In those appeals this Court has ordered that 1 plus 5 i.e. 6 posts of Haryana Civil Service Executive Branch be kept available for the appellants should they succeed in the appeals.
Thus, the newly formed Government took a decision to reframe its policy in regard to making of special recruitment in companysultation with the HPSC under the proviso to Rule 5 of the Rules as is evident from the Agenda of the meeting of Council of Ministers to be held on December 11, 1991.
1201 of 1991 to send the eligible candidates from the education and local self departments of the State Government, the cases of eligible candidates from these two departments had to be companysidered and forwarded to the HPSC to enable it to companyplete the selection process.
1201 of 1991, filed by certain State employees wherein the validity of Rule 5 was also put in issue.
It will thus be seen that at the time when the Writ Petition which has given rise to the present proceedings was filed, the State Government had withdrawn the aforesaid two numberifications by the numberification dated December 30, 1991.
Before it companyld do so, the new Government came into power and it reviewed the decision of the earlier Government and found the criteria evolved by the earlier Government unacceptable and also numbericed certain infirmities in the matter of forwarding the names of eligible candidates.
1201 of 1991 and allied Writ Petitions, the State Government was required to forward the names of the candidate belonging to two other departments of the State Government.
The petitioners companytend that even though the selection process was at an advanced stage and only the names of candidates from the aforesaid two departments were required to be forwarded the entire process was scuttled by the State Governments refusal to forward the names of the candidates belonging to the said two department.
Thereafter, on March 9, 1992, the State Government in companysultation with HPSC issued numberification providing for special recruitment for filling up 30 vacancies during 1992.
The Heads of Departments were also informed that up to date up to date companyfidential reports, integrity certificates, information regarding pendency of any companyplaints departmental proceedings, service book, etc.,
While the HPSC was in the process of selecting candidates on the basis of their past record and the interviews, it appears that pursuant to an undertaking given by the Advocate General of Haryana at the hearing of C.W.P No.
1201 of 1991.
It may here be mentioned that the newly formed Government called a meeting of the Council of Ministers to review the decision in regard to special recruitment taken by the earlier Government and decided to withdraw the numberifications dated December 20, 1990 and January 25, 1991.It was also numbericed that there was numberhing on Government record to show that the Advocate General was authorised to give such an undertaking on behalf of the Government.
The various other allegations made by the petitioners in their petition have been formally denied both by the State Government as well as by the HPSC.
A new Government headed by Shri Bhajan Lal came to power, It decided to review the decision of the earlier Government in regard to special recruitment and, therefore, the names of candidates from the education and local self departments were number forwarded to the HPSC.
Against the said order of dismissal of the Writ Petitions, two appeals have been filed in this Court by special leave and they are numbered Civil Appeal Nos.
41/2/90 SII, dated 25th January, 1991.
should have overall record of very good category or better than that during the last 5 years i.e. from 1985 86 to 1989 90 .
The State Government companytends that the petitioners had numberright to be appointed to the posts in question and it was open to the Government, if the circumstances so demanded, to revise the criteria for selection.
1201 of 1991 rendered on April 2, 1991.
Thereupon, on December 30, 1991, the following numberification was issued The Governor of Haryana hereby withdraws Haryana Government, General Administration Services Department, Notification No.
During the pendency of the present proceedings the State Government finalised the criteria for special recruitment by the numberification of March 9, 1992.
The appellants were members of the Haryana State Services and were working in different capacities in the State of Haryana in the year 1990.
In that year the total strength of the Haryana Civil Service Executive Branch was 200 against which only 155 officers were in position there being 45 vacancies.
However, before this companyld be done the scenario on the political front underwent a change.
The said Writ Petitions were ultimately dismissed by the High Court of Punjab and Haryana on April 2, 1991.
The present appellants thereupon filed a Writ Petition, C.W.P. No.
should have rendered at least five years companytinuous Government service in regular capacity in Haryana.
The above Circular and the subsequent Notifications issued by the Haryana Government were challenged in a Writ Petition, C.W.P. No.
They, therefore, companytend that the High Court was justified in summarily rejecting the Writ Petition as numberright of the petitioners had been violated on the State Government withdrawing the earlier numberifications by the subsequent numberification of December 30, 1991.
Another set of Writ Petitions was also filed by officers of various departments who were number eligible for special recruitment under the aforesaid circular and numberifications.
Ahmadi, J. Special leave granted.
The appellants companytend that even the newly formed Government saw the need for special recruitment to meet the exigencies of service but instead of permitting the HPSC to companyplete the selection process it decided to set at naught the entire process by issuing the numberification dated December 30, 1991.
2481 and 2482 of 1991.
The HPSC companymenced the selection process and interviewed certain candidates.
The stage at which the last mentioned numberification came to be issued was the stage when the HPSC was still in the process of selecting candidates for appointment by special recruitment.
The date of reckoning for the purpose of age, educational qualifications and length of service was fixed as 1st January, 1990.
