K R RAJAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant who belongs to Scheduled Caste Community was appointed as Deputy Collector in the year 1987. On completion of 8 years of service in the cadre of Deputy Collector, he became eligible to be considered for induction to the Indian Administrative Service under the Indian Administrative Service (Appointment by Promotion) Regulations on 31.12.95. Although the applicant's name was included in the select list of the year 1997 provisionally, as the State Government did not forward the integrity certificate, he was not appointed to the IAS on the basis of that select list. For preparation of the select list against vacancies of the year 2000, a Committee met on 26.12.2000 and a list of six officers was prepared. THE applicant was at SI. No. 2 in that list. THE name of the applicant was included provisionally, subject to the grant of integrity certificate. THE list was approved by the UPSC on 3.5.2001. Integrity certificate of one Sri Sasidharan who was at SI. No. 6 in the list was forwarded by the State Government on 29.6.2001 and he was appointed on 23.7.2001 to the IAS. THE Integrity Certificate in respect of the applicant was forwarded by the State Government only on 24.7.2001, though the Revenue Department had already decided to forward the integrity certificate on 27.6.2001. Finding that the unconditional inclusion of the applicant's name in the select list was not approved by the UPSC and he was not given appointment to the IAS on the basis of his placement in the select list of the year 2000, the applicant submitted a representation to the Government of India. THE applicant had also filed O.P. No. 28240/2001 before the Hon'ble High Court of Kerala. THE Hon'ble High Court by order dated 25.9.2001, directed the first respondent to consider the representation and pass appropriate orders within one month. In obedience to the above directions of the Hon' ble High Court of Kerala, the first respondent issued the order dated 11.10.2001 (A-7) holding that as the period of validity of the select list had expired on 5.7.2001 before the receipt of integrity certificate of the applicant from the Government of Kerala in terms of Regulation 7(4), approval of the UPSC for inclusion of the name of the applicant unconditionally could not be made. Aggrieved by that the applicant has filed this application for the following reliefs:

(2.) Respondent 1 who issued the impugned order has not filed any reply statement. The second respondent, UPSC contend that as the integrity certificate in respect of the applicant was received 11 om the State of Kerala only on 24.7.2001 while the validity of the select list expired on 3.7.2001 in accordance with the provisions contained in the IAS (Appointment by Promotion) Regulations, UPSC was not in a position to approve the inclusion of the applicant unconditionally in the select list.

(3.) WE have with meticulous care gone through the pleadings and all the materials placed on record. The prayer of the applicant for a declaration that he is entitled to seniority in the IAS as if his appointment was made from the select list prepared in the year 1997 has only to be mentioned and rejected because the applicant has not in this application prayed for a direction to appoint him to I.A.S. on the basis of the select list in which his name was included provisionally in the year 1997. The only question that arises for consideration in this case is because the State Government delayed the forwarding of the Integrity Certificate for unconditional inclusion of the name of the applicant in the select list of 2000 beyond the period of validity of the panel, the UPSC was right in denying approval in accordance with the provisions of IAS (Appointment by Promotion) Regulations, 1955.