RAJASTHAN PUBLIC SERVICE COMMISSION AND ANR. versus HARISH KUMAR PUROHIT AND ORS.

Citation: [2003] 3 S.C.R. 206 · Decided: 01-04-2003 · Supreme Court of India · Bench: SHIVARAJ V. PATIL · Disposal: Disposed off

Judgment (excerpt)

A 
RAJASTHAN PUBLIC SERVICE COMMISSION AND ANR. 
v 
HARISH KUMAR PUROHIT AND ORS. 
APRIL I. 2003 
B 
[SHl\!ARAJ V. PATIL AND ARIJIT PASAYAT, JJ.] 
Service law: 
Recruitment-Post of Munsif Magistrate-Vacancies ,;armarked for 
C general and reserved categories--Non-availability of certain number of 
candidates in reserved categories-Claim to fl/I the reserved category seats by 
general categwy candidates--High Court's direction to call general category 
candidates fi1r interview three times the number of posts assuming increase in 
the number of general category posts due to non-availability of reserved 
D catcgo1y candidates-However. further direction lo fl// up only earmarked 
vacancies in general category and to cany forward the reserved category 
vacancies--On appeal, he/d-h'igh Court's direction was self contradictory 
and it defied iogic--Rajasthan .Judicial Service Rules, 1955. 
E 
Precedent: 
Earlier decision of Division Bench holding the field-Subsequent Co-
ordinate Bench doubting the decision-in such case the only course open is 
to refer the mailer to larger Bench-Judicial propriety. 
An advertisement to recrnit 116 munsif Magistrates was issued, out 
F of which S9, 24, 19 and 14 posts were for the General, OBC, SC and ST 
categories respectively. The candidates numbering three times the number 
of posts advertised in each category were eligible to be called for interview. 
Commission issued interview letters to 302 candidates out of which 189 
candidates were called for the posts in General category. Respondents filed 
G writ petition before High Court seeking direction to consider more 
candidates from general category as per the posts available, on the ground 
that each of the respondents had qualified in the written examination; that 
H 
in case of non-availability of SC and ST candidates the available scats were 
to be filled up by candidates belonging to general category and hence the 
Commission had to call 210 1:andidates by treating the number of posts 
206 
l 
RAJAS THAN PUBLIC SERVICE COMMISSION v. H.K. PUROHIT 
207 
available in the general category to be 70 (i.e. 59 as originally fixed and A 
11 on account of non-availability of candidates in SC and ST categories). 
High Court allowed the appeal directing the Commission to call not less 
than 210 candidates from the general category. However, it directed to 
fill up only 59 vacancies in the general category and carry forward the 
vacancies of Scheduled Tribes. 
B 
In appeal to this Court appellant- Service Commission contended 
that there was no automatic increase in the vacancies in the general 
category from 59 to 70; that the directions of the High Court are self-
contradictory. It pointed out that results had been published and 
appointments had been made; that even if the directions of the High Court C 
to call 210 candidates for the interview would have been complied with, 
the writ petitioners would not have come within the zone of consideration; 
and that the High Court passing the impugned judgment did not consider 
previous judgment passed by another Division Bench of High Court 
wherein similar prayers were rejected. 
Interlocutory applicatiol)S were filed before this Court on the ground 
that the presence of applicants belonging fo the OBC and the women 
category would facilitate proper adjudication of the appeal. 
Allowing the appeal and dismissing the applications, the Court 
HELD: I. High Court was not correct in directing that 210 
candidates should be called for the interview. The directions given by the 
High Court are contradictory in terms. Once it has been accepted by the 
High Court that it was open to the Government to decide as to whether 
the posts are to be de-reserved or to be carried forwarded, there was no 
basis to proceed on the assum.ption that they would be de-reserved, thereby 
making the number of posts available for the general category as 70. At 
D 
E 
F 
the completion of the written examinations, there were only 59 posts 
available for the general category. On a hypothetical basis that there is a 
possibility of increase in the number of posts in general category, 
candidates numbering three times the number of posts including assumed G 
inclusions had to be called, the High Court gave the direction which defies 
logic. 1212-A; 211-G, HI 
2. A Division Bench dismissed an application containing identical 
prayers. By the impugned judgment, another Division Bench took a 
diametrically opposite view. It is no

Excerpt shown. Read the full judgment & AI analysis in Lexace.