DESH BANDHU GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of two writ petitions (Civil Writ No. 2402 of 1963 and Civil Writ No. 359 of 1964) since common questions of law are involved therein.

(2.) According to the allegations of the petitioner, the Punjab Government through the Punjab Public Service Commission held a combined competitive examination in April/May, 1963 for recruitment to Punjab Service of Engineers Class I in accordance with the rules contained in P.S.E. Rules of Punjab P.W.D. Irrigation, B & R, and Public Health Branches. About 200 candidates applied for this examination, but ultimately about 80 candidates, including the petitioners, appeared in the same. Under the provisions of Punjab Service of Engineers Class I Service Rules, the selection of the candidates have to be made by the Public Service Commission after holding a competitive examination, the syllabus for which was to be prescribed by the Government from time to time. The Commission had to recommend the required number of candidates after arranging their names in order of merit and indicating which out of them belonged to the Scheduled Castes. According to these Rules, a candidate could not be considered qualified for appointment, unless he obtained not less than 40 per cent marks in each subject and also not less that 50 per cent marks in aggregate and no candidate, who did not obtain the qualifying marks, could be called for interview by the Commission. The result of this examination showed that only 12 candidates obtained the requisite number of marks. Desh Bandhu Gupta, petitioner in Civil Writ No. 2402 of 1963, was at the 12th position and Surinder Nath Vig, petitioner in Civil Writ No. 359 of 1964, secured the 7th position, while the total number of seats to be filled by the Government was 16. Under these circumstances, the petitioners, having qualified under the Rules, became entitled to be selected for the posts applied for. Since only 12 persons had qualified, as mentioned above, and the number of vacancies to be filled was 16, the commission with a view to have increased number of qualified candidates relaxed the conditions and instead of applying the rule of 40 per cent marks in each subject and 50 per cent in the aggregate reduced the same to 35 per cent in each subject and 45 per cent in the aggregate. By applying this method, certain candidates, who had originally not qualified, were placed above the petitioners in the order of merit. The position of Desh Bandhu Gupta was reduced from No. 12 to 21 and that of Surinder Nath Vig from No 7 to 11, and instead of only 12 candidates having qualified in the examination, 26 persons were declared to have become eligible and were called for interview. Having come to know of this, the petitioners made representations to the Commission and the Punjab Government. According to them, the Government, in the first instance, refused to accept the above mentioned relaxation in the Rules proposed by the Commission, but on the latter's further insistence, the former agreed to accept the same. According to Desh Bandhu Gupta, since the number of vacancies was 16 and his position in the examination was 21st, he was not being selected for the post applied for. The grievance of Surinder Nath Vig., on the other hand, was that on the advice of the Government of India, the Punjab Government had decided to reserve 50 per cent of the permanent posts falling vacant in all Government Departments, including the Public Works Department, for the 'returned Military personnel.' This had reduced the number of vacancies from 16 to 8. The change in the Rule, therefore, had resulted in great injustice to the petitioner, because he might not even be selected. This led to the filing of the present writ petitions.

(3.) According to the return of the respondent, the Punjab Government (in B & R Public Health and Irrigation Departments), placed three separate requisitions with the Public Service Commission for recruitment of three officers of P.S.E Class I (Junior), in P.W.D., B & R. Branch, two in Public Health, and 11 in Irrigation Branches. Under their respective service rules, the Commission then held a combined competitive examination for recruitment to these posts in April/May 1963 219 applications were received by the Commission, out of which only 68 candidates actually appeared in the examination. It was admitted that only 12 candidates, including the petitioners, had qualified under the original standard of 40 per cent marks in each paper and 50 per cent in the aggregate. With the relaxation allowed by the Government, 26 candidates qualified for interview, out of whom the Commission recommended 21 and the position of Desh Bandhu Gupta was 21st and that of Surinder Nath Vig 11th in order of merit. On the basis of their previous experience, when sufficient number of candidates did not obtain the prescribed percentage of marks the Punjab Government, while placing the requisition, had indicated to the Commission that in case sufficient number of candidates did not obtain the requisite percentage of marks, the Government would be prepared to relax the pass percentage. The Commission in turn while supplying application forms along with syllabus and instructions to the candidates, had made it quite clear to them that the pass percentage might be relaxed if considered necessary at the discretion of the Commission (vide item No. 9 in the 'instructions to and information for candidates' issued by Punjab Public Service Commission). Since adequate number of candidates failed to qualify on the original standard the Government on the request of the Commission relaxed the provisions of prescribed percentage and reduced the qualifying marks from 40 per cent to 35 per cent in each paper and from 50 per cent to 45 per cent in the aggregate. It was denied that any injustice had been done to the petitioners since it was made absolutely plain to all the candidates, including the petitioners, at the time of supplying them the application forms and syllabus for examination that pass percentage was subject to relaxation. It was stated that the relaxation was made in accordance with the service rules and once the standard for qualifying marks was reduced, all the candidates who were called for interview by the Public Service Commission were on the same footing and the final result had been arrived at on the basis of marks obtained in the written test plus the marks secured in viva voce. It was admitted that the Punjab Government had decided to reserve 50 per cent of permanent posts filled by direct recruitment for persons with Military service. This would, however, not result in reduction of vacancies, as the remaining 50 per cent posts would be filled on temporary basis. Further, in view of the fact that these 16 posts had been advertised on a permanent basis, it was being considered whether the 50 per cent reservation should at all apply to these posts.