R.S. Narula, J. - (1.) THE following questions relating to the scope and construction of Rules 6(b) and 8(1) of the Punjab Civil Service (Executive Branch) Rules 1930. (Annexure A), hereinafter called the 1930 Rules, have been raised in this writ petition filed by Harbans Singh Uberoi, Assistant in the Punjab Raj Bhawan at Chandigarh (hereinafter referred to as the Petitioner) for quashing the nomination of Respondents Nos. 4 to 8 by the Chief Secretary, Punjab Government (Respondent No. 2), as candidates for the selection to the Punjab Civil Service (Executive Branch) from Register A -II: (1) Whether a person holding a substantive ministerial appointment and holding lien on such a post can be said to have ceased to hold a ministerial appointment (within the meaning of Rule 6(b) of the 1930 Rules) merely because he is officiating at the relevant time in a non -ministerial post ? (2) Whether there is any bar to the name of a Gazetted Officer holding a ministerial post other than that of a Personal Assistant being brought on Register A -II of accepted candidates maintained under Rule 6(b) of the 1930 Rules ? (3) Whether a Reader to an Hon'ble Judge of the Punjab and Haryana High Court holds a ministerial post or not ? (4) If the answer to the preceding question is in the affirmative, whether such a Reader ceases to hold a ministerial post merely because he attains a Gazetted rank ? (5) Whether consultation with the State Public Service Commission is necessary for putting the name of any Government servant on Register A -II of accepted candidates for appointment to the Punjab Civil Service (Executive Branch) under Rules 6 and 8 of the 1930 Rules ? (6) If no provision of law requires consultation with the State Public Service Commission, what would be the effect of such consultation being had and the selection for nomination being influenced by the opinion of the Commission ?
(2.) THOUGH a prayer had been made in the writ petition to declare Rule 8 of the 1930 Rules to be ultra vires the Constitution of India, the learned Counsel for the Petitioner expressly gave up that point at the hearing of the petition and did not, therefore, deal with it. The facts leading to the filing of the petition may first be briefly surveyed. The Petitioner who is an Assistant in the Governor's Secretariat made a representation for being nominated to the Punjab Civil Service (Executive (Branch), hereinafter referred to as the Service. The Secretary to the Governor forwarded the Petitioner's representation to the Chief Secretary, Punjab Government, for disposal. The Chief Secretary was authorised to send the nomination roils of five eligible persons. He considered the claim of the Petitioner for selection as one of the Chief Secretary's nominees. He did not, however, select the Petitioner but selected Respondents No. 4 to 8. Thereupon the Petitioner approached this Court under Articles 226 and 227 of the Constitution for quashing the nomination of Respondents No. 4 to 8 and for directing Respondents No. 1 and 2 (the State of Punjab and the Chief Secretary to Punjab Government) not to send the list of the Chief Secretary's nominees to the Punjab Public Service Commission, but to send the same to the Governor. It has further been prayed that after setting aside the nomination of Respondents No. 4 to 8, the other Respondents (the State of Punjab, the Chief Secretary to Government, Punjab and the Punjab Public Service Commission) may be directed to consider the name of the Petitioner for nomination on Register A -II. In order to appreciate the grounds on which the above mentioned relief has been claimed, it appears to be necessary to take notice of the relevant provisions of the 1930 Rules at this stage. Rule 5 authorises the Governor of Punjab to appoint members to the Service from time to time from amongst accepted candidates whose names have been duly entered in accordance with the 1930 Rules in one or other of the registers of accepted candidates to be maintained under those Rules. The particulars of the four registers of accepted candidates, which are required to be maintained by the Chief Secretary to the Government, are given in Rule 6. Since we are concerned, in the instant case, only with Register A -II, I quote below Rule 6(b) dealing with that Register: The following Registers of accepted candidates shall be maintained by the Chief Secretary, namely: (a) * * * * (b) Register A -II of members of Class III Service holding ministerial appointments accepted as candidates; (c) * * * * (d) * * * *
(3.) RULE 8 deals with selection of candidates for Register A -II. Relevant part of that rule reads as follows: 8(1) Each of the authorities specified in the first column of the table below may by the first day of December each year submit to the Governor of Punjab in Form I attached to these rules the nomination rolls of such number of persons as is specified in each case in the second column of the said table from among his personal assistants not being gazetted officers or other persons holding ministerial posts, in his office or in the office subordinate to him JUDGEMENT_28_LAWS(P&H)10_1971.htm (2) ** ** ** (3) Unless the Governor of Punjab otherwise directs, the name of no person shall be submitted under the provisions of sub Rule (1) or Sub -rule (2) who (a) has not completed five years' continuous Government service; and (b) has attained the age of thirty five years on or before the first day of November immediately preceding the date of submission of names. (4) The Governor of Punjab may select from the persons whose names are submitted under the provisions of Sub -rule (1) or Sub -rule (2) such persons as he may deem suitable for the Service, and the names of the persons so selected shall be entered in Register A -II.;