- (1.) Special Leave granted. The Jammu and Kashmir Public Service Commission held selection in September/October, 1981 for recruitment to various posts in the seventeen gazetted services of the State. The result of the selection was declared in the year 1982 and as a consequence 529 candidates were sent for medical examination. Although no select list as such was prepared but since 529 candidates were selected for medical examination it was assumed that the select list consisted of 529 candidates. It is not disputed that 50 of the posts were to be filled by direct recruitment and the remaining by way of promotion. Some of the selected candidates were given appointments to various gazetted posts in the Government service. Substantial number of candidates were not offered appointments and as such some of them filed writ petitions at Srinagar Bench as well as at Jammu Bench of the High Court. Six of the candidates approached this Court under Article 32 of the Constitution of India.
(2.) The writ petitions filed at Srinagar were allowed by a learned single Judge of the High Court by the judgment dated June, 27, 1986. The appeal against the said judgment was heard by a Division Bench of the High Court and at that stage an agreed order was passed by the Division Bench which is reproduced hereunder: The Respondent -State shall ascertain the exact number of the Departmental promotees to the various services referred to Public Service Commission for making selection or otherwise promoted by the State (other than in stop gap arrangement) from 1979 till the date of last reference was made by the Respondent State to the Public Service Commission in September, 1984 and after ascertaining the same and taking into consideration the appointments of 265 candidates as direct recruits rectify the imbalance if any, between the direct recruits and the departmental promotees in the ration, if any, prescribed in the Rules regulating the respective services, from 1979 onwards. The resultant vacancies, if any, shall be filled from the category to which they belong. In the event as a result of rectification of the imbalance between the departmental promotees and the direct recruits, it is found that the resultant vacancies arise which have to go to the direct recruits, the State shall consider the case of such candidates who had appeared in the written/viva voce and medical test conducted by the Public Service Commission in 1983 and the vacancies shall be filled up in merits accordingly. After the vacancies are so filled up the list of the Public Service Commission prepared on 30th September, 1983 shall cease to be effective and the future vacancies may be filled up by the Respondent State in accordance with rules as and when the same arise. In view of the agreed order referred to above we refrain from expressing any opinion on the question as to what is the import of the select list and the other questions debated before the learned Single Judge. The appeal is disposed of and the judgment of the learned Single Judge modified to the extent noticed above. With a view to properly determine the imbalance, if any, existing at the relevant time, between the departmental promotees and the direct recruits, the authority considering the rectification of imbalance may give an opportunity to the Respondent to assist it. The Appellant State shall determine and rectify imbalance, if any and take further follow up action in accordance with the agreed order noticed herein above within a period of two months from today.
(3.) When the writ petitions filed at Jammu came for hearing before a Division Bench of the High Court the attention of the Bench was invited to the agreed order quoted above which was passed by another Division Bench of the High Court at Srinagar. The Division Bench at Jammu taking notice of the above quoted order passed an order dated March, 8, 1989 directing the State Government to place on record the position regarding the number of vacancies available with the State Government in various services between September 1979 to September, 1984 as also the number of appointments made on substantive basis in promotion quota during the said period. The above said direction was given with a view to find out the disparity in respect of the appointments so far as the direct recruits were concerned. The State Government submitted the detailed information asked for by the High Court alongwith an affidavit filed by the Under Secretary to Government, General Administration Department. The High Court examined the factual position in detail and ultimately came to the conclusion that there was clear disparity to the extent of 260 vacancies so far as quota of direct recruits was concerned. It may be mentioned that all the Petitioners before the High Court and before this Court belong to the category of direct recruits. On the above finding the High Court by its judgment dated August 23, 1991 allowed the writ Petition in the following terms: In the result the writ petitions succeed and are allowed. The Respondents are directed that they shall appoint the Petitioners and others out of 529 candidates selected by the public Service Commission and rectify the imbalance between the departmental promotees and the direct recruits. Since 260 promotees have been appointed during the relevant period, 260 more candidates out of 529 candidates selected by the Public Service Commission shall be appointed to the seventeen aforementioned gazetted services in accordance with the merit. Even some or any of these candidates have become overage during the pendency of these writ petitions. They shall also be appointed because those candidates, had become overage for no fault of their own but because of the unjustified refusal of the Respondents to appoint them despite their selection. Since the matter has already been delayed, the appointments shall be made within two months.;