- (1.) LEAVE granted in all the SLPs.
(2.) THESE appeals arise out of a common judgment and order dated 12. 10. 2006 passed by a Division Bench of the Punjab and haryana High Court whereby and whereun -der the writ petitions filed by the appellants praying inter alia for issuance of a writ of or in the nature of mandamus directing the respondents to issue letters of appointments to them on the premise that they had duly been selected in Harayana Civil Service (HCS) (Executive Branch) and/ or allied Service pursuant to or in furtherance of the result declared by the Haryana Public Service Commission (for short "the Commission") as also for quashing of notification dated 13. 05. 2005 whereby and whereunder the cadre strength of HCS (Executive Branch) has been reduced from 300 to 230, were dismissed. State of Haryana sent a requisition to the Commission in or about December, 2003 for filling up 58 posts in HCS (Executive Branch) and 44 posts in Allied Services. Pursuant to or in furtherance of the said requisition received by the Commission, an advertisement was issued on or about 24. 01. 2004 notifying that : (i) the preliminary examination for the hcs Ex. Br. and the other Allied services Examination, 2004 would be held in May/ June, 2004 at chandigarh for 58 posts in the "hcs (Ex. Br.)" and 44 posts in the Allied Services; The number of posts given against each category is however liable to variation to any extent either way. (ii) The recruitment would be in accordance with the said '1930 Rules' and the Haryana Civil Services (Executive Branch) and Allied Services and other Services common/ combined Examination Act, 2002 hereinafter refer as the '2002 Act' for the sake of brevity; (iii) The examination will be conducted in accordance with the plan and syllabus given in the Brochure for 'h. C. S. (Ex. Br.)' and Allied Services examination. (iv) The combined competitive examination will comprise of two successive stages (a) preliminary examination and (b) main written examination and viva -voce/ personality test for selection to various services and. posts. Pursuant to or in furtherance of the advertisement inviting applications, 14,237 candidates responded. It is not in dispute that the matter relating to recruitment in the said posts is government by the Haryana Civil Services (Executive Branch) and Allied Services and Other services Common/ Combined Examination act, 2002 (Act No. 4 of 2002) (for short "the 2002 Act") and Punjab Civil Service (Executive Branch) Rules, 1930 (for short "the 1930 Rules") as amended in the year 2002. The selection process was to take place in several stages, viz. , holding of preliminary examination so as to prepare a short list of those who may be permitted to appear in the main examination followed by interview. 14,050 candidates including the appellants appeared in the preliminary examination, on 23. 05. 2004. 1541 candidates including the appellants were selected in the main examination. The written examination was conducted by the Commission in terms of Rule 9 (1) of the 1930 rules wherein 1,394 candidates appeared.
(3.) ON or about 27. 09. 2004, the respondent State of Haryana sent requisition to the Commission for filling up of 19 vacancies in HCS (Executive Branch)by promotion of the in -service candidates in accordance with the 1930 Rules. Out of the said vacancies, 8 were to be filled up from amongst the category of the District Revenue Officer/ tehsildars/ Naib Tehsildar (Register A -I), 6 vacancies from members of Class III Services (Register A -II) and 5 vacancies from the category of Block Development and Panchayat officer (Register C ). It is not in dispute that under Rule 17 of the 1930 Rules, 2/3rd of the total available vacancies were to be filled up by the direct recruitment and l/3rd of the total available vacancies were to be filled up by promotion. It is also not in dispute that on or about 4. 10. 2004, pursuant to the recommendations made by the Commission, respondent State entered the names of 8 officers in register A -I, 6 officers in Register A -II and 5 officers in Register C for promotion to the hcs (Executive Branch ).;