K.S. BHALLA, J. :- - (1.) Through these writ petitions, selection to the Haryana Civil Service (Executive Branch) (hereinafter called and'the Serviceand') of the State of Haryana from amongst the officers serving as Tehsildars and Naib-Tehsildars in the said State with regard to the year 1983 has been assailed and it is claimed that order dated 3-10-1988 (Annexure P-3) with regard to appointment of Sarvshri Ram Chander Sharma, Ashok Vashisth and Ram Chander, respondents Nos. 3 to 5, respectively to the Service, made by the Governor on behalf of respondent No. 1 the State of Haryana, on the basis of recommendations of respondent No. 2, the Haryana Public Service Commission (hereinafter called and'the Commissionand') made on 22-9-1988, be quashed. Selection to the Service is made under the Punjab Civil Service (Executive Branch) Rules, 1930 (hereinafter called and'the Rulesand') as applicable to the State of Haryana in four different modes and from even number of different sources. The Chief Secretary of the State is required to maintain four types of Registers of accepted candidates and appointments are made therefrom. Register A-1 out of them relates to Tehsildars and Naib-Tehsildars and in these writ petitions we are concerned with the said Register only.
(2.) The relevant rules with regards to recruitment to the Service including the procedure for the recruitment from the concerned source, are 5 to 7 of the Rules and they are reproduced as under for facility of reference :- "5. Members to be appointed by the Governor of Haryana from among accepted candidates.- Members of the Service shall be appointed by the Governor of Haryana from time to time as required from among accepted candidates whose names have been duly entered in accordance with these rules in one or other of the registers of Accepted Candidates to be maintained under these rules : Provided that if in the opinion of the State Government the exigencies of the Service so require, the State Government may make special recruitment to the Service by such methods as it may by notification specify, after consultation with the Public Service Commission. 6. Registers to be maintained.- The following Registers of Accepted Candidates shall be maintained by the Chief Secretary, namely :- (a) Register A-I of Tehsildars and Naib-Tehsildars accepted as candidates; (b) Register A-II of members of Class III Service accepted as candidates; (c) Register B of persons accepted as candidates on the result of a competitive examination; and (d) Register C of Block Development and Panchayat Officers. 7. Selection of candidates for Register A-I (1) The Financial Commissioner Revenue, shall, by a date to be determined by the State Government prepare a list of Tehsildars/ Naib-Tehsildars and submit the same for the consideration of a Committee with Chief Secretary as Chairman and two such other officers as members, as may be nominated by the State Government from time to time; provided that unless the Government otherwise directs, the name of a person shall not be submitted who- (a) (i) has not completed five yearsand' continuous Government service; (ii) has attained the age of forty-five years; on or before the date on which the names are required to be submitted before the committee; and (b) is not a graduate of recognised University. (2) The committee mentioned in sub-rule (1) shall consider all such names and prepare a list, equal to twice the number of vacancies of persons considered suitable for being entered in Register A-I. This list shall be sent to the Haryana Public Service Commission for recommending, in order of merit and equal to the number of vacancies, the most suitable persons entered in the list, for being selected as candidates for entry into Register A-I, and thereafter the names of the persons so selected shall be entered in the Register A-I."
(3.) As is obvious from the rules cited above, different authorities have different functions to discharge with regard to the relevant recruitment, the final authority undisputably being the State Government. Rule 7 which provides procedure for selection of candidates for placing their names in Register A-I makes it clear that the process of recruitment is initiated by the State Government and final action also vests within the discretion of the State Government. Before the process of selection is initiated, State Government is required to determine the date by which the first functionary is to act. Sub-rule (1) of Rule 7 of the Rules further indicates that power would vest in the State Government to relax one or more normal qualifications for selection. The normal qualifications as provided in the proviso thereto are; (i) completion of five yearsand' of continuous Government service, (ii) before attaining the age of 45 years, and (iii) graduation from a recognised University. The use of the term and'unless the Government otherwise directsand' clearly indicates that power of relaxation was conferred on the Government in specific terms. In other words, it is crystal clear from the rules that basis qualifications for consideration of the names of persons working as Tehsildars/Naib-Tehsildars for their acceptance for entry into Register A-I as prescribed in the rules could be relaxed by the Government and said unassailable power vests in the State Government as per scheme of the rules.;