P.M. BAYAS versus UNION OF INDIA AND ORS.

Citation: [1993] 2 S.C.R. 567 · Decided: 23-03-1993 · Supreme Court of India · Bench: KULDIP SINGH · Disposal: Appeal(s) allowed

Judgment (excerpt)

P.M. BAYAS 
A 
v. 
UNION OF INDIA AND ORS. 
MARCH 23, 1993 
(KULDIP SINGH AND N.M. KASLIWAL, JJ.) 
B 
Indian Administrative Service (Recruitment) Rules, 1954: 
Rules 4(1)(c) and 8(2)-Special selection-'In Special cases from 
among persons'-Meaning of-'Special circumstances'-Existence of-Satis-
C 
faction of State Government in the first instance-Central Government's 
role-Only at the time of appointment. 
Words & Phrases: 
"In special cases·from among persons" and "In Special circumstan-
D 
ces"-Meaning in the context of !AS (Recruitment) Rules, 1954. 
The Respondents - sobstantive members of the Maharashtra-Civil 
Service- challenged before the Central Administrative Tribunal the selec-
tion of the appellants to IAS by way of selection under the IAS (Recruit-
Y 
ment) Rules, 1954. They claimed that their names were placed on the select E 
list for promotion to tAs, but they could not be appointed because the 
vacancies occurring In the State were being filled by resorting to special 
selection and appointing persons like the appellants from the non-State 
Civil Service. Th~y also sought quashing of the appointment of five other 
persons who had .. already been appointed to 1AS by way of special selection. F 
The Tribunal quashed the selection of the appellants \jl lAS, anci dismissed 
'\ 
the application in respect of the other persons. Aggrieved by the said 
judgment of the Tribunal quashing their selections, the appellants 
prefe!Tfd the present appeals. 
These appeals called for interpretation of the expression "In special G 
cases from among persons" in Rule 4(1)(c) and the expression 'in special 
circumstances" In ·Rule 8(2) of the. lAS (Recruitment) Rules, 1954. 
Allowing tbe appeals, this Court, 
HELD: 1.1; The expression "In special cases from •mong persons in· H . 
567 
568 
SUPREME COURT REPORTS 
[1993] 2 S.C.R. 
A 
S.4(1)(c) or the IAS (Recruitment) Rules, 1954 means the selection atl 
special cases or the persons who have established their outstanding merit 
and ability while serving the State. Members or the State Civil Service who 
are not 'outstanding' but are only 'good' and 'very good' are also eligible 
to be considered for appointment to IAS but under Rule 8(2) of the Rules, 
B 
it is only an 'outstanding' officer who is eligible. It is the outstanding merit 
and ability which makes him a 'special case' in terms of Rule 8(2) of the 
Rules. Rule 8(2) of the Rules read with Regulation 3 of the Reguiations 
lays down the procedure for making the special selection provided under 
Rule 4(1)(c) of the Rules. The Central Government, being the appointing 
authority to the IAS, has w be finally satisfied about the existence of the 
C "special circumstances" as a condition precedent for making special 
recruitment. The "special circumstances" are to be spelled-out from Rule 
8(2) of the Rules read with Regulation 3 of the Regulations. Rule 8(2) 
~-
which talks or ,"outstanding ability and merit" when read with Regulation 
3(1) and 3(4A) of the Regulations makes it clear that the "special cir· 
D cumstances" required to be st;en are (i) the existence of officers with 12 
years or continuous strvice in a gazetted post under the State Government. 
• other than State Civil Service Officers who are of outstanding merit and 
ability and (ii) the satisfaction or the State Government that, in public 
interest, it is necessary to consider such officers for promotion to the IAS. 
E 
F 
(573 D·G) 
1.2. Reading Rule 8(2) and the Regulations together it is clear that 
the process of selection bas to be initiated by the State Government and 
as such it is for the State Government in the first instance to be satisfied 
regarding the existence of the "special circumstances". The Central 
Government being the appointing authority has to finally approve the 
State Government's proposals which reach the Central Government 
through the process of selection. (573 H; 574 A, E] 
1.3. In the Instance case, there were "special circumstances" before 
the State Government to make recruitment under the Regulations. In the 
G face of cMar pleadings on the record the Tribunal was not justified in 
holding that there was no material on the record to show the existence of 
"special circumstances". The Tribunal was wholly unjustified in asking the 
Central Government to show the existence of "special circumstances" in 
terms of Rule 8(2) or the Rules. The scheme of the Rules atid the Regula· 
H lions clearly show that it is the State Gover

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