TMI Blog1993 (4) TMI 324X X X X Extracts X X X X X X X X Extracts X X X X ..... at stage, the High Court requested the government (with a copy forwarded to the public service commission) to select twenty candidates in the place of ten. This was done on December 10, 1985. The government, in turn, requested the public service commission on December 27, 1985 to select twenty candidates. On March 11, 1986 the public service commission sent three select lists, one containing twenty candidates, the other containing three scheduled castes candidates and a waiting list of ten candidates. 4. From the record placed before us by the learned Counsel for the State of Jammu and Kashmir, it appears that the government received several complaints against the selection process. The government appears to have been satisfied prima facie with some of those complaints and was toying with the idea of scrapping the entire list and asking for a fresh selection. The select list sent by the commission was kept pending without being approved as required by Rule 39 of the Jammu and Kashmir Civil Services (Judicial) Recruitment Rules, 1967. Meanwhile, the High Court had been pressing for approval of the names in view of a number of vacancies and the consequent accumulation of work. Num ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... andidates and publish the names of only those candidates who are found suitable. While approving the list, the Division Bench held, the State Government cannot alter or tamper with the order of merit determined by the commission but it is certainly open to the government to stop at a particular point where it feels that a particular candidate is not meritorious and not to approve the remaining list. The Government is not bound to fill up the existing vacancies within a particular time-frame. The mere inclusion in the select list also does not confer upon the candidates any indefeasible right to appointment. The recommendations of the commission are not binding upon the State Government - held the Division Bench. In the facts and circumstances of the case, it must be held that the remaining seven names in the select list have been disapproved by the government. The writ petition also suffers from laches. The persons who had meanwhile become eligible and qualified to apply for the said post should also be given a chance. A list prepared as far back as 1985-86 cannot be directed to be approved in the year 1992. 5. In these appeals, it is submitted by the learned Counsel for the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eligible to apply and compete for the said post meanwhile of the opportunity of applying for the said post. Many of them may even become age-barred meanwhile, he submitted. 6. It is true that the government is the appointing authority for the munsifs but it is misleading to assert that in the matter of selection and appointment the government has an absolute power. Such an argument does violence to the constitutional scheme. The Constitution has crated a public service commission and assigned it the function of conducting examinations for appointments to the services of the Union or to the services of the State, as the case may be. According to Articles e 320 Clause (1) this is the primary function of the commission. The government is directed to consult the public service commission on all matters relating to methods of recruitment to civil services and to civil posts and on the principles to be followed in making appointment to civil services and posts and on the suitability of candidates for such appointment, among other matters. An examination of Articles 317 to 320 makes it evident that the Constitution contemplates the commission to be an independent and effective body ou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n, it must be held that the government cannot pick and choose' candidates out of the list. Of course, where in respect of any particular candidate any material is discovered disclosing his involvement in any criminal activity, the government can always refuse to appoint such person but this would not be a case touching the select list prepared and recommended by the commission. It is equally not open to the government to approve a part of the list and disapprove the balance. In this case, it may be remembered that the government itself had asked for a list of twenty and the commission had sent a list of twenty. (we are not concerned with the waiting list sent by the commission, at this stage). It could not have been approved in part and rejected in part. The number of vacancies available on the date of approval and publication of the list is not material. By merely approving the list of twenty, there was no obligation upon the government to appoint them forthwith. Their appointment depended upon the availability of vacancies. A reading of Rule 41 makes this aspect clear. The list remains valid for one year from the date of its approval and publication. If within such one year, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cquire an indefeasible right to be appointed which cannot be legitimately denied. Ordinarily the notification merely amounts to an invitation to qualified candidates to apply for recruitment and on their selection they do not acquire any right to the post. Unless the relevant recruitment rules so indicate, the State is under no legal duty to fill up all or any of the vacancies. However, it does not mean that the State has the licence of acting in an arbitrary manner. The decision not to fill up the vacancies- has to be taken bona fide for appropriate reasons. And if the vacancies or any of them are filled up, the State is bound to respect the comparative merit of the candidates, as reflected at the recruitment test, and no discrimination can be permitted. This correct position has been consistently followed by this Court, and we do not find any discordant note in the decisions in State of Haryana v. Subhash Chander Marwaha, Neelima Shangla v. State of Haryana, or Jatendra Kumar v. State of Punjab. 9. We may reiterate that the principle of Article 323, referred to here in above , is equally relevant on the nature of the power of the government in such a matter. 10. Looked at ..... X X X X Extracts X X X X X X X X Extracts X X X X
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