Case Note & Summary
The dispute arose from writ petitions filed before the Patna High Court by an association of unemployed civil engineers and individual petitioners seeking appointment to Assistant Engineer (Civil) posts from a waiting list recommended by the Public Service Commission. The High Court by order dated November 21, 1995 in CWJC Nos. 2093/89 and 3072/90 directed the State Government to identify vacancies existing as on December 31, 1987 and available for appointment from the waiting list. The High Court also held that 200 posts earmarked by the Government in its resolution dated June 16, 1987 were intended for the Rural Engineering Organization and not for the Road/Building Construction and Public Works Department, hence the writ petitioners had no right to those posts. Both the writ petitioners and the State of Bihar appealed to the Supreme Court. Before the Supreme Court, the writ petitioners contended that since the Public Service Commission had rejected the State Government's request to regularize employees holding those 200 posts, those posts should be made available to waitlisted candidates. The State contended that vacancies meant for general candidates had already been filled and no vacancies existed, and that the court could not direct filling vacancies from a waiting list after one year. The Supreme Court found no force in the writ petitioners' contention regarding the 200 posts, holding that those posts were meant for the Rural Engineering Organization and should be filled by direct recruitment through the Public Service Commission, with employees also eligible to apply. Regarding the High Court's direction to identify vacancies as on December 31, 1987, the Supreme Court upheld it, noting that although ordinarily a court cannot direct filling vacancies from a waiting list after one year, this case warranted an exception because an interim direction keeping the waiting list alive was in operation till disposal of the writ petition. The High Court had found it impossible to record a finding on the number of vacancies from the material on record. The Supreme Court therefore directed the Government to make a fresh exercise to identify whether vacancies meant for general or reserved candidates existed, and if so to fill them from the waiting list; if no vacancies existed, the Government was to place a report before the High Court. The appeals were dismissed with these observations and no costs.
Headnote
A) Service Law - Waiting List - Validity Beyond One Year - Not mentioned - Court ordinarily cannot direct filling vacancies from waiting list after lapse of one year but exception warranted when interim order kept waiting list alive till disposal of writ petition - High Court direction to identify vacancies existing as on 31.12.1987 and fill from waiting list upheld on peculiar facts - Held that the direction was justified due to continuing interim order. B) Service Law - Public Employment - Vacancy Identification - Not mentioned - High Court directed State to identify vacancies existing as on 31.12.1987 from waiting list recommended by Public Service Commission for Assistant Engineers (Civil); State contended no vacancies existed and general vacancies already filled; High Court did not accept State's contention - Government directed to make fresh exercise to identify whether vacancies for general or reserved candidates exist and fill from waiting list if identified; if no vacancies, report to High Court - Held that fresh identification exercise is required. C) Service Law - Direct Recruitment - Rural Engineering Organization Posts - Not mentioned - 200 posts earmarked by Government Resolution dated 16.06.1987 intended for Rural Engineering Organization, not for Road/Building Construction and Public Works Department; Public Service Commission rejected regularization of employees holding those posts - Writ petitioners have no right to those posts from waiting list; those posts to be filled by direct recruitment through Public Service Commission; eligible candidates including employees may apply - Held that waitlisted candidates have no claim to those posts.
Issue of Consideration
Whether the High Court was justified in directing the State Government to identify vacancies existing as on 31.12.1987 and fill them from the waiting list recommended by the Public Service Commission for Assistant Engineers (Civil), despite the ordinary rule that waiting list cannot be operated beyond one year; Whether 200 posts earmarked for Rural Engineering Organization in Government Resolution dated 16.06.1987 should be made available to waitlisted candidates after the Public Service Commission rejected regularization of employees holding those posts.
Final Decision
Appeals dismissed. High Court direction to identify vacancies as on 31.12.1987 upheld. Government directed to make fresh exercise to identify whether vacancies for general or reserved candidates exist and fill from waiting list if identified; if no vacancies, place report before High Court. 200 posts for Rural Engineering Organization to be filled by direct recruitment through Public Service Commission; writ petitioners' claim to those posts rejected.
Law Points
- Court cannot ordinarily direct filling vacancies from waiting list after one year
- Exception when interim order kept waiting list alive
- Posts earmarked for Rural Engineering Organization must be filled by direct recruitment through Public Service Commission
- Government directed to identify vacancies as on 31.12.1987 for filling from waiting list if any
- If no vacancies report to High Court
