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TMI Blog1984 (9) TMI 297X X X X Extracts X X X X X X X X Extracts X X X X ..... posts of Assistant Sub-Inspectors of Police became available and, therefore, the Board was requested to recommend 57 suitable persons for these posts. The appellants along with many others were interviewed and physically tested on various dates ranging from 24th of October 1978 to 6th of February, 1979. Later on after the interviews were over but before the select list could be finalised by the Board the Inspector General of Police vide his letter dated 31st of August, 1979 requested the Board to recommend 170 more persons in addition to 57 already under consideration in anticipation of further vacancies likely to occur as a result of expected re organisation of the Police force. In that connection a proposal for the disbandment of the Punjab Armed Police Battalion and instead creation of some additional posts for the District Police, had already been submitted. Thus, in all 277 candidates were to be recruited by the Board for the post of Assistant Sub- Inspectors of Police. The Board however, recommended a panel of 144 candidates on 22nd of December, 1979. It appears that the proposal for disbandment of the Punjab Armed Police Battalion and creation of additional posts in the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g vacancies of 170 temporary posts of Assistant Sub-Inspectors, proposal for disbandment of the Punjab Armed Police Battalion and instead creation of some additional posts for the District Police was eventually turned down by the State Government and so no additional vacancies became available and the petitioners could not be appointed. In any case the petitioners could not claim appointment as of right merely because the Board had recommended their names. It was further pleaded that according to the Government instructions issued vide letter No.1673-C-II-56 dated 22nd March, 1957 a time limit of six months had been prescribed for filling up the vacancies by persons recommended by the Board and after the expiry of six months a fresh reference had to be made to the Board. As six months prescribed had already expired the petitioners could not be appointed on the basis of the recommendation of the Board. They also denied the allegation of mala fides in the ad hoc appointment of other persons and further pleaded that the refusal of the Government to appoint them was not hit by Articles 14 and 16 of the Constitution. On a consideration of the material on the record the learned Single ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments of Assistant Sub-Inspectors from 1979 but later on it went back upon its previous statement and admitted that there were ad hoc appointments made but explained the position by subsequent affidavits wherein it was stated that the C.I.D. has no cadre strength of its own and all the posts, except language Stenographer, are filled in by taking officers on deputation from other units of the Police department and no ad hoc appointments were made in the rank of Assistant Sub-Inspectors and that the petitioners could not be appointed as no posts for the petitioners were available with the department, but it is not necessary to refer to those explanations in any detail. Be that as it may, the fact remains that in anticipation of the proposal for disbandment of the Punjab Armed Police Battalion and instead creation of some additional posts for the district police a requisition was made for selecting 170 more candidates for direct appointment to the post of Assistant Sub-Inspectors. But the proposal having been turned down by the Government there were no vacancies and, therefore, the question arises whether the petitioners have got an unfettered right to be appointed even though the afo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Commission the Constitution enjoins the Government to place on the table of the Legislative Assembly its reasons and report for doing so. Thus, the Government is made answerable to the House for any departure vide Article 323 of the Constitution, This, however, does not clothe the appellants with any such right. They cannot claim as of right that the Government must accept the recommendation of the Commission. If, however, vacancy is to be filled up, the Government has to make appointment strictly adhering to the order of merit as recommended by the Public Service Commission. It cannot disturb the order of merit according to its own sweet will expect for other good reasons viz., bad conduct or character. The Government also cannot appoint a persons whose names does not appear in the list. But it is open to the Government to decide how many appointments will be made. The process for selection and selection for the purpose of recruitment against anticipated vacancies does not create a right to be appointed to the post which can be enforced by a mandamus. We are supported in our view by the two earlier and State of Haryana v. Subash Chander Marwaha Ors. The contention of Mr. An ..... X X X X Extracts X X X X X X X X Extracts X X X X
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