PARVEEN JINDAL AND ORS. ETC. ETC. versus STATE OF HARYANA AND ORS.

Citation: [1993] 2 S.C.R. 353 · Decided: 16-03-1993 · Supreme Court of India · Bench: B.P. JEEVAN REDDY · Disposal: Appeal(s) allowed

Judgment (excerpt)

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PARVEEN JINDAL AND ORS. ETC. ETC. 
v. 
STATE OF HARYANA AND ORS. 
MARCH 16, 1993 
[B.P. JEEVAN REDDY AND N. VENKATACHALA, JJ.] 
HO!Jlana Se1Vice of Engineers Class-IP. W.D. (Irrigation Branch) Rules, 
1964: Rules 5(2), 7(2)-First proviso. 
A 
a-
Haryana Se1Vice of Engineers Class-II P. W.D. (Irrigation Brqnch) C 
Rules, 1970: 
Service Law-Power of employer to fill up posts-Cadre-Strength 
of-Fixed by Rules-But posts not filled for a long time-Held where strength 
of cadre is fu:ed by Ru/es-Government is not justified in not filling up the 
posts for a very long time except for very strong and good reasons-Directions D 
to State to fill up the posts issued. 
State Public Se1Vice Commission--Power to notify vacancies-Com-
mission has no authority to notify vacancies wiltout requisition from Govern-
ment-Only appointing authority viz. Government is competent to make E 
requisition to Commission. 
SelVice Law-Selection-Written test and intelView-Prescription of 
qualifying marks for inte1View--Obtaining of prescribed minimum marks does 
not create a right to be called for inte1View-Commission can limit number 
of candidates to be called for inte1View-Also mere appearance by candidate F 
at selection does not clothe them with right to selection. 
The Public Works Department of Government of Haryana consists 
of three wings viz., Irrigation, Roads and Buildings and Public Health. 
The Engineering Service in the Irrigation Branch comprises both Class-I G 
service-consisting of Assistant Executive Engineers,. Executive Engineers 
and Superintending Engineers - and Class-II service including Assistant 
Engineers. While the Assistant Executive Engineers are recruited by direct 
recruitment only, the Executive Engineers are recruitea by (i) direct 
recruitment; (ii) by transfer; (iii) by promotion from Class-II service. The 
cadre strength of Assistant Engineers, fixed under the Rules is very large H 
3$ 
354 
SUPREME COURT REPORTS 
{1993] 2 S.C.R. 
A as compared to the cadre strength of Assistant Executive Engineers. For 
the purposes of promotion to Executi~e Engineers both Assistant Execu-
tive Engineers and Assistant Engineers are eligible for which inter-se quota 
is fixed under the Rules. 
B 
The Haryana Public Service Commission issued a uotiftcation in 
1985 inviting applications for selection to the posts of Assistant Executive 
Engineers for all the three wings of the P.W.D. Although the requisition 
from the Government was to select Assistant Executive Engineers only for 
two wings viz. Public Health apd Buildings and Roads yet the Commission 
notified the vacancies with respect to Irrigation Branch also stating that 
c posts in the said category are also likely to be filled from the snitable 
candidates from this very advertisement after the receipt of demand from 
the Government. On the basis of written test and interview selections were 
made for Public Health and Buildings and Roads wings but no selections 
were made for the Irrigation wing because even by the date of finalisation 
D of selections, no requisition or demand had come from the Government. 
The appellants, who were not selected, filed writ petitions in the 
Punjab and Haryana High Court for a direction to respondents to fill np 
vacancies of Assistant Executive Engineers and others falling to the quota 
E 
of direct recruits from amongst the applicants who had applied in pur-
suance to the advertisement and for a further direction to the State of 
Haryana to send requisition to the Commission to fill np all vacancies 
which are meant for direct recruits. The High Court dimissed all the 
petitions. 
F 
In appeals to this Court it was contended on b"half of the appellants 
that (1) the Government acted arbitrarily in not sending the requisition, 
inspite of the fact that vacancies in Irrigation Branch existed for a number 
of years; (2) when the rules created a particular category and the cadre 
strength was also fixed therefor and more particularly when a quota was 
G 
reserved for them ih the channel of promotion to the category of Executive 
Engineers, it was not open to the Government to nullify the spirit and 
object behind the Rules by refusing to make appointment to the said 
category; (3) the procedure adopted by the Haryana Public Service Com-
mission was contrary to Rules because under the Rules a candidate 
obtaining SO per cent marks in the written test is entitled to be called for 
H viva voce, but the Commission arbitrarily prescribed a

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