Ranjit Singh and Others vs State of H.P. and Others

V.K. Sharma, J.—The petition has been filed on the following prayers :

(i). That the selection process adopted by Respondent No. 4 pursuant to Annexure A-I and Annexure A-2 and further action taken by Respondent No. 4 in making recommendations to the Respondent-State for making appointments to the posts of Assistant Engineers in HP PWD, IPH and Housing Departments may be declared illegal, arbitrary, discriminatory, unconstitutional, thus violative of Articles 14 & 16 of the Constitution of India;

(ii). That Respondent No. 4 may be directed to re-do the selection process on scientific lines by not resorting to fill up the posts of Assistant Engineers on the basis of interview alone;

(iii). That Respondent No. 4 may be directed to make the whole process of selection a transparent one to obviate the voice of favouritism, nepotism and other extraneous considerations;

(iv). That Respondent No. 4 may be directed to make the result of interview public so that the candidates are prepared next time in a better manner after knowing its decision; and (v). That Respondent No. 4 may be directed to prescribe separate heads of marks in the interview after reducing the same to not more than 12%.

Respondent No. 1 has taken the following stand in the preliminary submissions and para 6 (17) of the reply :

Preliminary submissions :

That the applicants have challenged the process of selection for filling-up the post of Assistant Engineers by Respondent No. 4. Thus the averments made in the O.A. wholly pertain to Respondent No. 4 for the reason that it relates to holding of screening test which is in the purview of H.P. Public Service Commission. Hence the para-wise reply to this O.A. is required to be given by Respondent No. 4. However, it is submitted that initially 28 posts of Assistant Engineers (Civil) in the Department of the replying Respondent had fallen vacant on account of retirement/deaths and promotions upto 31.12.95. These were to be filled up by direct and promotion in the ratio of 30:70 in accordance with the provision of the R&P Rules. Thus 8 vacancies were to be filled up by direct recruitment and the balance 20 by promotion. Therefore, for 8 Nos. vacancies to be filled up by direct recruitment, a requisition was placed with the Respondent No. 4 through letter dated 20.7.95. The said vacancies had occurred upto 31.12.95. For the year 1996, 8 Nos. of vacancies were anticipated to occur in the direct recruitment quota and accordingly keeping in view the urgency of filling up these functional posts and in anticipation of the concurrence of the Finance Department, the Respondent No. 4 was again requested to prepare a panel of additional 8 names. The said request was sent through letter dated 22.4.96. On final calculation, it was found that upto 31.12.96 a total of 37 vacancies would be available on account of deaths/retirements and promotions out of these 11 were to be filled up by direct recruitment and remaining 26 by promotion. Accordingly a proposal was sent for the approval of the Finance Department of H.P. for filling up all these 11 vacancies in relaxation of the ban imposed upon direct recruitment. The Finance Department of H.P. accorded its approval for filling up all these 11 vacancies. In view of this position, vide letter dated 13.6.96 in continuation to letter dated 22.4.96 Respondent No. 4 was asked to recruit 11 candidates instead of 8 for the year 1996 in addition to 8 Nos. of candidates for the year 1995.

Reply on merit: 6 (17). The contents of this para are wrong and therefore denied. It is further submitted that after the issue of advertisement for filling up 8 No. of posts of Assistant Engineer by direct recruitment for the year 1995 in the Department of replying Respondent which fell vacant due to death/retirement and promotion, further 11 Nos. of posts fell vacant for the year 1996 in the direct recruitment quota. For filling these posts case was moved to the State Finance Department for its approval and the sanction was accordingly received from the Finance Department. Thereupon on 13.6.96, Respondent No. 3 was requested to hold recruitment for these posts also. However, on 22.4.96 i.e. before the conduct of screening test by Respondent No. 3, the replying Respondent had requested Respondent No. 3, that it would be requiring recommendations for atleast 8 additional posts. It is further submitted that a large number of functional posts of the said category were lying vacant in the department of replying Respondent which was hampering the work in the department of the replying Respondent and for this reason the posts were to be filled up urgently.

Respondent No. 2 has taken the following stand in the preliminary submissions and para 6 (17) of the reply:

Preliminary submission :

That the Irrigation and Public Health Department is a department coordinating activating relating to drinking water, sewerage, flood control and irrigation. All these activities are of great importance and public utility. The Assistant Engineers are the implementing level of these schemes and are responsible for proper delivery of services to the public at large. At present, there are more than 30 vacancies of Assistant Engineers in Irrigation and Public Health which is adversely affecting the work of the Department. The posting of these Assistant Engineers is urgently needed for the smooth functioning of the Department. Keeping in view of the public importance of Irrigation and Public Health Department''s work, the placement of these persons who are technically, educationally well equipped is extremely important.

That the recommendation made by the Respondent No. 4 to the replying Respondent has also been challenged by one Ms. Arti Gupta and Ors. v. State of Himachal Pradesh through CWP No. 1665/96 in the Hon''ble High Court and stay was granted on 29.8.96. The case is still pending.

Reply on merits :

6 (17). In reply to this para it is submitted that the replying Respondent placed requisition with Respondent No. 4 for the posts of Assistant Engineers on 6.7.95 for total 4 Nos. of posts which have fallen vacant due to death/retirement and promotion. Further in the year 1996 on 10.6.96, another requisition was placed with Respondent No. 4 by the replying Respondent department for additional 11 Nos. of posts for the posts of Assistant Engineers in addition to the requisition of previous year of 1995. Thus the claim of the Petitioners are not maintainable and the reasons given by the Petitioners are frivolous and do not appeal to reasons.

Respondent No. 3 has taken the following stand in the preliminary submissions and paras 6 (14) to 6 (17) of the reply :

Preliminary submissions :

That the applicants have challenged the process of selection for filling-up the post of Assistant Engineers by Respondent No. 4. Thus the averments made in the O.A. wholly pertains to Respondent No. 4 for the reason that it relates to holding of screening test which is in the purview of H.P. Public Service Commission. Hence the para-wise reply to this O.A. is required to be given by Respondent No. 4. However, it is submitted that the H.P. Housing Board informed the replying Respondent that three Nos. of post of Assistant Engineers (Civil) are l ying vacant in Housing Board. Thus on the demand of H.P. Housing Board, the Respondent No. 4 was requested vide letter dated 16th February, 1996 to sponsor the names of three candidates each from Scheduled Caste, Scheduled Tribe and General categories. This requisition was therefore sent much before the conduct of the screening test by Respondent No. 4 on 19.5.96. In view of requisition placed with the Respondent No. 4, they vide their letter dated 24th August, 1996 recommended the 3 selected candidates for appointment to the posts of Assistant Engineers (Civil).

Reply on merits :

6(14) to 6 (17): That the applicants have challenged the process of selection for filling-up the post of Assistant Engineers by Respondent No. 4. Thus the averments made in the O.A. wholly pertains to Respondent No. 4 for the reason that it relates to holding of screening test which is in the purview of H.P. Public Service Commission. Hence the para-wise reply to this O.A. is required to be given by Respondent No. 4. However, it is submitted that the H.P. Housing Board informed the replying Respondent that three Nos. of post of Assistant Engineers (Civil) are lying vacant in Housing Board. Thus on the demand of H.P. Housing Board, the RespondentNo. 4 was requested vide letter dated 16th February, 1996 to sponsor the names of three candidates each from Scheduled Caste, Scheduled Tribe and General categories. This requisition was therefore sent much before the conduct of the screening test by Respondent No. 4 on 19.5.96. In view of requisition placed with the Respondent No. 4, they vide their letter dated 24th August, 1996 recommended the 3 selected candidates for appointment to the posts of Assistant Engineers (Civil).

Respondent No. 4 has taken the following stand vide para 9 of the reply :

Admitted and submitted that after issuance of advertisement (Annexure A-I) a requisition for filling up of 3 more posts of Assistant Engineer (Civil) (Gen.=1, S.T.=1 and S.C.=1) was received on 19.02.1996 from the Joint Secretary (Housing) to the Government of Himachal Pradesh. According to the requisition these posts were sanctioned in December, 1995.

A further requisition for filling up of 11 more posts of Assistant Engineer (Civil) (Gen.=6, Ex.S.M.=2, S.C.=2, O.B.C.=1) in the Department of Irrigation and Public Health was received from the F.C.-cum-Secretary (I.P.H.) to the Government of Himachal Pradesh, on 14.06.1996. According to the requisition these vacancies were caused due to retirement and promotion of Assistant Engineers (Civil) to the post of Executive Engineer.

A further requisition for filling up of 11 more posts of Assistant Engineer (Civil) (Gen.=8, Gen. Ex.S.M.=1, S.C.=1 & S.T.=1) was received from the F.C.-cum-Secretary (Public Works) to the Government of H.P. on 15.06.1996. According to the requisition these vacancies were due to retirement/death.

Posts of Assistant Engineers (Civil) in all the above departments have the same essential qualifications and same scale of pay. The necessary addendum to the advertisement was accordingly issued vide Annexure A-2.

According to the decision, convention and the practice in the Commission, all posts, requisitions for which are received before declaration of the result of screening tests, are clubbed together and the requisite number of candidates, as per the norms of the Commission, are called for interview. This practice is followed in respect of all posts which are filled up on the basis of competitive examination like H.A.S./H.J.S. and all other Class-I and II posts for which a written examination/screening test is held.

In view of the above reply, in case the Petitioners have any grievance surviving with regard to the factual and legal aspect of the matter, it will be open to them to approach Respondents No. 1 to 3/competent authority along with copy of this judgment within one month from today, who shall consider and finally decide the same within another three months after affording an opportunity of being heard to the Petitioners, if so desired.

In view of the above observations, the writ petition is disposed of, so also the pending applications, if any.