TMI Blog1986 (9) TMI 417X X X X Extracts X X X X X X X X Extracts X X X X ..... one of her examinations m the first division. She was ranked No. 2 in the LL.B. examination of the Punjab University. She was awarded the national merit scholarship and the UGC's scholarship. She was also awarded the medal for the best all round student of the Law Department in the year 1980-81. Her extra-curricular activities also appear to be of a very high order. She was President of the College Young Speakers' Club, Vice- President of the College Students' Council, the best camper and debater and represented the Punjab University in the All-India Rock Climbing and Mountaineering Camp. She was the student Editor of the College Magazine, the Law Review and the Punjab University Magazine. She has also some published works to he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with examination of candidates. Rule 1 of Part provides that an examination will be held at a place to be determined by the Haryana Public Service Commission. Rule S provides that the Judges of the High Court may, from time to time, declare the subjects in which the examination will be held. Rule 7 prescribes that no candidate shall be called for the viva-voice test unless he obtains at least 45 per cent marks in the aggregate in all the written papers and 33 per cent marks in the language paper, Hindi (in Devanagri script). Rule 8 is important and it is as follows: No candidate shall be considered to have qualified in the examination unless he obtains at least 55 per cent in the aggregate of all papers including Viva-Voice test. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Register in the order of their selection. Rule 7(1) may also be extracted and it is as follows: Whenever it shall appear to the Judges that a vacancy or vacancies in the cadre of the Judicial Branch of the Haryana Civil Service, whether permanent, temporary or officiating, should be filled, they will make a selection from the High Court Register in the order in which the names have been entered in the register under rule 1 of this Part. The name or names of the selected candidate or candidates will be forwarded to Government for appointment as Subordinate Judges under Article 234 of the Constitution of India. Every Subordinate Judge shall, in the first instance, be appointed on probation for two years but this period may be extended ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 8 of Part-C. The names of the selected candidates are to be entered in a Register maintained by the High Court in the order of their selection and appointments are to be made from the names entered in the Register in that order. The number of names to be entered in the Register maintained by the High Court may be sufficient to fill vacancies anticipated to occur within two years from the date of selection of candidates as a result of the examination. Therefore, it appears that the duty of the Public Service Commission is confined to holding the written examination, holding the Viva-Voice test and arranging the order of merit according to marks among the candidates who have qualified as a result of the written and the Viva-Voice tests. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d secured less than 55 per cent marks. The result was that although there were a large number of vacancies, only a few candidates were selected for appointment. The selection was challenged on the ground that it could not be so restricted when qualified candidates were available. This court rejected the submission and upheld the selection. However, as we said, the selection cannot arbitrarily be restricted to a few candidates, notwithstanding the number of vacancies and the availability of qualified candidates. There must be a conscious application of the mind of the Government and the High Court before the number of persons selected for appointment is restricted. Any other interpretation would make rule 8 of Part meaningless. In the presen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had been withheld from the Government by the Service Commission, wrote to the Service Commission to held a fresh competitive examination. If the Government had been aware that there were qualified candidates available, they would have surely applied rule 8 of Part and made the necessary selection to be communicated to the High Court. The net result is that qualified candidates, though available, were not selected and were not appointed. Miss Neelima Shangla is one of them. In the view that we have taken of the rules, Miss Neelima Shangla is entitled to be selected for appointment as Subordinate Judge in the Haryana Civil Service (Judicial) Branch. By an interim order of this Court, one post of Subordinate Judge has been kept vacant for her. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
