Jaswant Singh, J. - (1.) This appeal by special leave is directed against the judgment and order dated September 3, 1976 of the Punjab and Haryana High Court dismissing the writ petition No. 2504 of 1975 filed by the appellant under Arts. 226 and 227 of the Constitution.
(2.) The circumstances leading to this appeal are:Six vacancies in the Punjab Civil Service (Executive Branch) having occurred in the year 1971, the State Government requested the Punjab Public Service Commission (hereinafter referred to as "the Commission") to select and recommend six candidates to fill up the said vacancies. According to R. 6 read with R. 11 of the Punjab Civil Service (Executive Branch) Rules, 1930, recruitment to the Punjab Civil Service (Executive Branch) has to be made from amongst the persons whose names are borne on the register known as "Register B" on the basis of the result of the competitive examination held by the Commission in conformity with the rules and regulations framed in that behalf. As longer time than anticipated was taken in holding the examination and completing the selection and in the meanwhile six more vacancies in the Punjab Civil Service (Executive Branch) occurred in 1972, the State Government requested the Commission to recommend the names of six more candidates on the basis of the result of the competitive examination for filling up the additional six vacancies. Accordingly after completion of the requisite formalities, the Commission held the competitive examination called the Punjab Civil Service and Allied Services Examination in December, 1972/January, 1973 to select eligible candidates for the aforesaid 12 vacancies in the Punjab Civil Service and other vacancies in the Allied Services. In the said examination, the appellant who was a member of the Scheduled Castes secured third position in the order of merit amongst the candidates belonging to the Scheduled Castes, the other two candidates above him being Harinder Singh Khalsa and Hans Raj Megh. The Commission recommended 12 persons including the aforesaid three persons who belonged to the Scheduled Castes for recruitment to the Punjab Civil Service (Executive Branch). As the appellant had been placed at serial No. 3 in the order of merit amongst the candidates belonging to the Scheduled Castes in the aforesaid examination and only two posts, one each for the years 1971 and 1972, in the Punjab Civil Service (Executive Branch) were available for members of the Scheduled Castes on the basis of 20% quota reserved for them against which Harinder Singh Khalsa and Hans Raj Megh were appointed, the appellant could not be recruited to the Punjab Civil Service (Executive Branch). He was, however, appointed as "A" Class Tahsildar in one of the Allied Services as per the second preference indicated by him in his application seeking admission to the Punjab Civil Service and Allied Services Examination. Consequent upon his selection for appointment in the Indian Administrative Service, Harinder Singh Khalsa who had joined the post of Extra Assistant Commissioner in the Punjab Civil Service (Executive Branch) on or about June 21, 1974 resigned his office and was relieved thereform on August 11, 1974. Being the next candidate in order of merit amongst the Scheduled Castes candidates in the select list of the Punjab Civil Service (Executive Branch), the appellant made a representation to the State Government claiming on ad hoc basis the vacancy caused by the resignation of Harinder Singh Khalsa in accordance with the State Government"s instructions contained in Circular Letter No. WG II-13 (29)-61/5598 dated March 6, 1961, the validity whereof had been upheld by a Division Bench of the Punjab and Haryana High Court vide judgment dated May 26, 1966 in C. W. No. 3063 of 1965 entitled "Harbhajan Lal Mudgil v. State of Punjab". The said Circular Letter reads as follows:- "NO. WGII-13(29)-61/5598 From Shri E. N. Mangat Rai, I. C. S. Chief Secretary to Government, Punjab To All Heads of Departments, Commissioners of Divisions, Deputy Commissioners and the District and Sessions Judges in the Punjab and the Registrar, High Court, Punjab. Dated:Chandigarh, the 6th March, 1961. Subject:- Representation of members of Scheduled Castes/Tribes and Backward Classes in service in Punjab. Sir, I am directed to refer to Punjab Government letter No. 28400-WG-S-56/8090, dated the 9th November, 1956, wherein it is stated that with a view to ensuring due representation to members of Scheduled Castes/Tribes and Backward Classes in Government service recruitment on a Block System based on a formula of rotation is to be made and that the first vacancy is to be reserved for a member belonging to these Castes/Classes irrespective of his position inter se the other candidate and the remaining four vacancies for others. The instructions further enjoin that in case it is not possible to fill the first reserved vacancy by appointment of a candidate belonging to Scheduled Caste/Tribe or Backward Classes, this vacancy may filled by a candidate other than one belonging to Scheduled Caste/Tribe and Backward Classes and the reservation be carried on from vacancy to vacancy in the same block until a suitable candidate for the vacancy in the block has been found. According to the existing practice if the services of a Government servant belonging to Scheduled Caste/Tribe and Backward Classes are terminated the resultant vacancy is included in the normal pool of vacancies and is filled up in accordance with the Block System. It has been observed that in this way the underlying idea of giving due representation to members of Scheduled Caste/Tribe and Backward Classes is not achieved. With a view to safeguard the interests of the members of the Scheduled Castes/Tribes and Backward Classes, it has been decided that if the services of a Government Servant belonging to Scheduled Castes/Tribes or Backward Classes are terminated, the resultant vacancy should not be included in the normal pool of vacancies to be filled in accordance with the Block System but should be filled up on ad hoc basis from the candidates belonging to these castes and classes. In other words the intention is that the posts vacated by members of Scheduled Castes/Tribes and Backward Classes should remain earmarked and be filled up by members belonging to these Classes. 2. There will not be any practical difficulty in finding suitable candidates belonging to Scheduled Castes/Tribes and Backward Classes in so far as non-technical posts are concerned. However, for the technical posts and those requiring specialised training or qualifications suitable personnel possessing requisite experience and qualification may not be available. Therefore, in order to avoid any administrative inconvenience by keeping these posts in abeyance for an indefinite period, such post may be filled up by candidates other than those belonging to Scheduled Castes/Tribes and Backward Classes on the condition that whenever suitable persons belonging to such castes/classes are available and there is need for filling up a new vacancy, the members of the Scheduled Castes/Tribes and Backward Classes should be given their earlier quota for making up their deficiency arisen out of non-availability of their technical persons at that time. 3. The receipt of this communication may please be acknowledged. Yours faithfully. Sd/- Deputy Secretary, General Administration for Chief Secretary to Government, Punjab."
(3.) The Government rejected the aforesaid claim of the appellant whereupon he approached the Punjab and Haryana High Court by means of the aforesaid petition which, as already stated, was dismissed by the High Court vide its judgment and order dated September 3, 1976.;