STATE OF U.P., ETC. versus RAFIQUDDIN & ORS. ETC.

Citation: [1988] 1 S.C.R. 794 · Decided: 04-11-1987 · Supreme Court of India · Bench: E.S. VENKATARAMIAH · Disposal: Directions issued

Cited by 4 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
STATE OF U.P., ETC. 
v. 
RAFIQUDDIN & ORS. ETC. 
NOVEMBER 4, 1987 
B 
[E.S. VENKATARAMIAH AND K.N. SINGH, JJ.] 
c 
D 
Service matters-Questions of law relating to seniority of Munsifs 
in the Uttar Pradesh Nyayik Seva appointed as a result of the competi-
tive Examinations of 1970, 1972 and 1973, held under the Uttar Pradesh 
Civil Service (Judicial Branch) Rules, 1951-Determination of. 
These appeals and writ petitions raised common questions of law 
relating to the determination of seniority of Munsif appointed in the 
Uttar Pradesh Nyayik Seva as a result of competitive Examinations of 
1970, 1972 and 1973 held under the Uttar Pradesh Civil Service (Judi-
cial Branch) Rules, 1951 (the Rules). 
Public Service Commission issued a notification dated September 
3, 1970, for recruitment to 85 posts of Munsifs. In the examination held 
for the purpose, 294 out of 918 candidates qualified in the written test 
·and were called for viva voce test, and the Commission submitted to the 
State Government a list of 46 approved candidates-list of 1970 
E examination-for appointment to the service. The Government 
requested the Commission to recommend some more candidates as there 
was a shortage of Munsifs, while suggesting that the minimum of 40 per 
cent marks in the aggregate be reduced to 35 per cent. The Commission 
forwarded another list of 33 candidates-the Ilnd list, comprising the 
candidates who had secured 35 per cent marks in the aggregate and 35 
F 
percent, in the Viva Voce .• All the 79 candidates of the two lists above-
said were appointed to service between May, 1972, and June, 1973, and 
in July, 1973, a notification was issued, determining inter se seniority of 
the 79 persons appointed on the basis of the 1970 examination in 
accordance with their position in the lists prepared by the Commission 
under rule 19 of the Rules. Meanwhile, the Public Service Commission 
G held another ·competitive examination-the 1972 examination-for 
appointments to 150 posts of Munsifs, and forwarded a list of 150 
successful candidates to the Government for appointment under Rule 
19 above-mentioned, and they were so appointed between 1975 and 
1977. 
H 
The State Government, in view of the shorta~e of the Munsifs 
794 
' } 
STATE OF U.P. v. RAFIQUDDIN 
795 
as also the amendment of rule 19 in pursuance whereof it was no longer 
A 
necessary for a candidate to qualify independently in the viva voce, 
requested the Commission to reconsider the result of the examination of 
1967, 1968, 1969 and 1970 and approve all those candidates for 
appointment who might have obtained 40 per cent or more marks in the 
aggregate even if they might have failed to secure the m·inimum marks 
in the viva voce tests. The Commission refused to consider this proposal B 
as the minimum marks prescribed by it under the then existing proviso 
to Rule 19 could not be ignored. The Government thereupon constituted 
a high level committee comprising the Chief Minister, the Chief Justice 
of the High Court and the Chairman of the Public Service Commission 
to consider this question, and the Committee decided that the Commis-
( 
sion be requested to recommend candidates of the 1967, 1968, 1969 and 
~ 1970 examinations as above-mentioned. The Government wrote to the C 
commission again for the purpose, conveying to it the decision of the 
High level committee above-said, and asking it to forward the applica-
tions and the marks of the unsuccessful candidates of the Examinations 
above-mentioned. The Commission could forward a list of 37 such 
candidates of the 1970 Examination only-the Illrd list-to the Gov- o 
ernment. The Hird list contained the names of Refiquddin and 36 
others, the "unplaced candidates" of the 1970 Examinations, unsuc-
cessful due to failure in the viva voce. Thereupon, the Government 
issued a notification, appointing 21 of the 37 candidates above-men-
tioned as Munsifs, the remaining 16 having already again appeared in 
the 1972 Examination and selected and appointed to the service. Upon a E 
further request by the Government for 16 more candidates, the Com-
mission forwarded another list. of 16 candidates who had appeared in 
the 1972 Examination. 
In March, 1977, the State Government published a seniority list 
of the successful candidates of the 1970 examination, whereupon, the F 
-\ "unplaced candidates" of the Hird list of the 1970 Examination sub-
mitted a representat.ion for determination of their seniority under Rule 
22 of t

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