- (1.) The petitioner was appointed as Clerk-cum-Typist in the District Board, Karnal, in 1959 and he worked there up to February 20, 1964, on different posts. On the abolition of the District Boards, his services were allotted to Panchayat Samiti, Shahabad, tahsil Thanesar, District Karnal, where he has been working eversince. Three posts of Head Clerks were to be filled in and the District Committee advertised these posts in the "Tribune" of April 19, 1966. The petitioner was one of the applicants. The written statement shows that 22 candidates were called for interview including the petitioner and respondents 3 to 5. Out of them respondents 3 to 5 were selected on the basis of the marks obtained by them in the interview. The petitioner has filed the present petition challenging their appointments.
(2.) Written statement has been filed by Gurinder Singh, Ex-Chairman, District Committee, and Avtar Singh Kahlon District Development and Panchayat Officer, Karnal. This return is not in the proper form according to the rules of this Court, but I have taken it into consideration.
(3.) It is evident that the District Committee did not pay any attention to the Punjab Panchayat Samitis and Zila Parishads Rules, 1965, before advertising the posts of Head Clerk in the "Tribune". Rule 8 of the said Rules prescribes the method of recruitment and qualification and reads as under : "8. Method of recruitment and qualifications. (1) The method of recruitment to the posts in the service and their qualifications shall be as specified in columns 4 and 5 of Appendix A to these rules : Provided that the Government may, if and when necessary, alter the qualifications specified for any post in Appendix A to these rules. (2) The recruitment by promotion to the Service shall be made on the basis of seniority-cum-merit and no person shall be entitled to claim promotion on the basis of seniority alone. Where the seniority is ignored, the recruiting authority shall record the reasons therefore in writing. (3) If a candidate possessing the qualifications specified in column 5 of Appendix A to these Rules is not available for appointment by promotion, that post may be filled in by direct recruitment. (4) Out of the vacancies to be filled in by direct recruitment, nineteen per centum of the vacancies shall be filled in from amongst candidates belonging to Castes or Scheduled Tribes and two per centum of the vacancies shall be filled in from amongst candidates belonging to backward classes." In Appendix A to the Rules, the method of recruitment to the post of Head Clerk is by promotion, which means a person in employment of the Zila Parishad or the Panchayat Samities under it is eligible for being promoted to the post of Head Clerk. It is only when from amongst the employees a person having qualifications prescribed in column 5 of Appendix A is not available, that the method of direct recruitment can be resorted to. The method of direct recruitment cannot be adopted in the very first instance. To repeat, first the method of promotion has to be exhausted before following the method of direct recruitment. The method of getting officials on deputation from other departments is not permissible under these rules. Respondents 3 to 5 could not be called for interview for being selected. The whole procedure adopted by the District Committee was, therefore, contrary to the rules and the appointments of respondents 3 to 5 are wholly illegal. The petition is, therefore, accepted and the appointments of respondents 3 to 5 are quashed. It will be open to the District Committee to make a selection by promotion in accordance with Rule 8, read with Appendix A to the Rules. In the circumstances, I make no order as to costs.;