1993 (4) TMI 324 - SC - Indian Laws

Summary

Issues Involved:
1. Approval and publication of the select list of District Munsifs by the Jammu and Kashmir Public Service Commission.
2. Government's power to approve or disapprove the select list.
3. Legal rights of candidates included in the select list.
4. Timeliness and procedural fairness in the government's decision-making process.

Summary:

1. Approval and Publication of the Select List:
The appeals challenge the Division Bench judgment of the Jammu and Kashmir High Court, which overturned a Single Judge's decision directing the State Government to approve and publish the select list of District Munsifs prepared by the Jammu and Kashmir Public Service Commission. The High Court had initially requested the government to select twenty candidates instead of ten, leading to the preparation of a select list by the commission.

2. Government's Power to Approve or Disapprove the Select List:
The Division Bench held that the approval and publication of the select list by the Government u/r 39 of the Jammu and Kashmir Civil Services (Judicial) Recruitment Rules, 1967, is not merely a ministerial act but a meaningful one. The government can examine the select list and approve only those candidates deemed suitable. The government is not bound to fill up existing vacancies within a specific timeframe, and inclusion in the select list does not confer an indefeasible right to appointment.

3. Legal Rights of Candidates Included in the Select List:
The appellants argued that the government must approve the list as recommended by the commission and that the government's action in not approving the remaining seven names was arbitrary and capricious. The government contended that it has the authority to scrutinize the list and approve or disapprove it, either wholly or in part, based on complaints and the availability of vacancies.

4. Timeliness and Procedural Fairness:
The Supreme Court noted that the government must act fairly and cannot nullify the selection process without good and valid reasons. The government should have either approved the entire list of twenty candidates or disapproved it entirely within a reasonable time. However, the court found that no vacancies arose within one year from the date of approval of the thirteen names, and the petitioners delayed approaching the court, which disentitled them from any relief.

Conclusion:
The Supreme Court dismissed the appeals, stating that the government's action in not approving the rest of the seven names in the select list was unsustainable but did not interfere due to the lack of vacancies within the relevant period and the petitioners' delay in seeking relief. The writ petition by a candidate in the waiting list also failed as the main appeals were dismissed.