Sukhdev Singh Kang, J. - (1.) SINCE common questions of law and fact arise in Civil Writ Petitions Nos. 2440 of 1967, 3901 of 1974, 4035 of 1974 and 4101 of 1974, they are proposed to be disposed of by a common judgment.
(2.) THESE writ petitions initially came up for hearing before Goyal, J. The learned Counsel for the parties stated that there was an apparent conflict between the two decisions of this Court in Teja Singh Sandhu v. State of Haryana and Ors. C.W. 1008 of 1969 decided on 18th May, 1970. and Manmohan Singh Ahlawat v. The State of Haryana and Ors. C.W. 2543 of 1972 decided on 18th May, 1970., 1974 S.L.W.R. 258, and both these judgments have a bearing on the controversy raised in the present petitions. The learned Single Judge directed the cases to be placed before my Lord the Chief Justice for being referred to a Division Bench. This is how these petitions have come up before us. A thumb -nail sketch of the facts will be appropriate at this stage: In Civil Petition No. 3901 of 1974: The Petitioners were appointed to different posts in Class III Service in the Punjab Agricultural Department before the reorganization of joint Punjab. The members of Class III Service are eligible for promotion and appointment to Punjab Agricultural Service, Class II. The recruitment to the Class II Service is governed by the Punjab Agricultural Service (Class II) Rules, 1947 (hereinafter called the Rules).
(3.) RULE 3 of the Rules lays down the principles for appointment and the character of posts. Various posts in the service have been specified in Appendix 'A' to the Rules. Nevertheless the Government has been empowered by Part III of Appendix 'A' to create other posts in the service to meet certain exigencies. Rule 5 of the Rules prescribes the qualifications for appointment. Sub -rule (b) of Rule 5 is relevant for our purposes and it reads as under: Rule 5. - -No person shall be appointed to be a member of the service: (a)* * * * * * * (b)If he is not already in Government Service, unless he (i) is more than 22 years and less than 25 years of age; (ii) has obtained Diploma or a Degree of a recognised Institution in the particular branch of Science or subject in which proficiency is required of a candidate for the particular scientific or technical post for which he is to be recruited, (iii) has obtained a certificate of character from the Principal. Academic Officer of his University, College, School or Institution and also Certificates of Character from two responsible persons, not being his relatives, who are well acquainted with him in private life and unconnected with University, College, School or Institution .... Rule 6 lays down the method for recruitment. Sub -clause 3 of Rule 6 of the Rules is reproduced below: Appointment to the Service by promotion from the Subordinate Service shall be made by strict selection and no Member of the Subordinate Service shall be deemed to have had his promotion withheld by reasons of not being selected for such appointment or to have any claim to such appointment as a right. The case of the Petitioners is that the Governor of Punjab issued orders by which qualifications and experience etc., were prescribed for the posts created in the service, but not specifically enumerated in Appendix 'A'. After the reorganization of the Joint Punjab State, Haryana Government issued orders, dated the 30th of March, 1971, laying down educational qualifications and experience for promotion to the Haryana Agricultural Service Class II (Soil Conservation Section). A copy of the same has been appended to this petition. By this order two years' field experience on the designs and execution of Soil Conservation Works has been prescribed along with the educational qualifications and training in Soil Conservation.;