1966 (3) TMI 78 - SC - Indian Laws

Summary

Issues Involved:

1. Validity of the Mysore Public Service Commission (Functions) Rules, 1957.
2. Interpretation of the Mysore State Civil Services (General Recruitment) Rules, 1957.
3. Authority of the State Government under Article 162 of the Constitution.
4. Validity of the appointments made by the State Government.
5. Retrospective application of rules under Article 309 of the Constitution.
6. Allegations of mala fides in the selection process.

Issue-wise Detailed Analysis:

1. Validity of the Mysore Public Service Commission (Functions) Rules, 1957:

The Supreme Court discussed whether these rules were executive rules or statutory rules made under Article 309 of the Constitution. The High Court had held that these rules could only be made under the proviso to Article 309. However, the Supreme Court opined that these rules were not made under Article 309 as they did not expressly state so and dealt with the functions of the commission rather than laying down recruitment rules. The Court stated that "sub-rule (1) of r. 4 clearly provides the same thing as does art. 320 (3) (b) and the other sub-rules are really administrative arrangements."

2. Interpretation of the Mysore State Civil Services (General Recruitment) Rules, 1957:

Rule 3 of these rules was central to the argument that the government could not recruit Assistant Engineers without framing specific rules. The Court held that it was not obligatory under the proviso to Article 309 to make rules before constituting a service or filling a post. The Court stated, "We see nothing in the terms of art. 309 of the Constitution which abridges the power of the executive to act under art. 162 of the Constitution without a law." The Court concluded that Rule 3 did not suspend the executive power of the State until specific recruitment rules were made.

3. Authority of the State Government under Article 162 of the Constitution:

The Court held that the State Government has executive power in relation to matters within the legislative competence of the State, including State Public Services (List II, Entry 41). The Court cited Ram Jawaya Kapur v. The State of Punjab to support that the executive can function without pre-existing laws. The Court concluded that the State Government could exercise its executive power to make appointments and determine conditions of service by executive order.

4. Validity of the appointments made by the State Government:

The Court examined the sequence of notifications and actions taken by the Public Service Commission and the State Government, concluding that the appointments were validly made in exercise of the executive power under Article 162. The Court noted, "The three notifications issued by the Public Service Commission on October 1, 1958, May 4, 1959, and April 1, 1960, must be treated to have been issued with the consent of the State Government."

5. Retrospective application of rules under Article 309 of the Constitution:

The Court did not find it necessary to decide whether the State Government could make rules retrospectively under Article 309, as it concluded that the appointments could be upheld under the executive power of the State. The Court assumed for argument's sake that retrospective rules were void but still found the appointments valid under Article 162.

6. Allegations of mala fides in the selection process:

The Court reviewed the allegations of mala fides and the counter-affidavit filed by the Chairman of the Public Service Commission. The High Court had expressed strong suspicion but did not investigate the matter. The Supreme Court found no conclusive evidence of mala fides or collateral considerations in the selection process. The Court stated, "We are unable to hold that on these facts any mala fides or collateral object has been proved."

Conclusion:

The appeals were allowed, and the judgment of the High Court was set aside. The Supreme Court directed that all appellants, including those who did not prosecute their appeals, should have the benefit of this judgment. The Court exercised its powers under Article 142 of the Constitution to ensure complete justice. There was no order as to costs.