# BACHAN SINGH & ANR v. UNION OF INDIA & ORS

- **Citation:** [1972] 3 S.C.R. 898
- **Court:** Supreme Court of India
- **Decided:** 1972-03-17
- **Case number:** Civil Appeal No. 1499 of 1971
- **Bench:** M. S1Kju, A. N. Grover, A. N. Ray, D. G. Palekar B, M. H. Beg
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/bachan-singh-anr-v-union-of-india-ors-5629
- **Pages:** 8

## Headnote

Alilitary Engineer Service
Class I (Recruitment,
Promotion,
and
Seniority Rules) 1951, Rule 3-Recruitment by i'nterview
whether re~
cruitmen~ by competition within meaning of ruie--Quoras for promotion
and confirmtltion of direct recruits and promotees-Direct \T'tcruits irecruit~d whether coui•d_ be confirnted in permanent. posts earlier than pro- . C
motees who had been promoted to Class 1 before their recruitment.
The two appellants were promoted in the years 1958 and 1959 respectively to the Military Engineer
Service Class I. Some of the respondents were appointed to the said.class I Service.after they had appeared
at the competitive examination while the rest were appointed by direct
recruitm~nt after having been interviewed by the Union Public Service
Commission.
All the r.!spondents were appointed to the service in the . D
years 1962, 1963 and 1964. · The respondents were confirmed in th~ir pools
before the appellants. The appellants filed writ petitions in the
High
·Court which were dismissed.
Jn appeal before-this Court the appellants
contended (i) that .the respondents who we.re directly appointed to class
I
scrvic~ by interview \Vere- not v.·ithin the purview of r:cruitment to
Class I service by competitive examination under the Military
Engineer
9-!rvice Cla<.:s I (R~cruitm.ent Promotion and Seniority) Rules; (ii) that the
respondents were recruited to Class I Service by interview and competitive ,.E
examination aft·er the appellant had been promoted to Class I Eervice and
were therefore not to be confirmed in permanent posts before the appe} ...
Janis.
HELD·, (i) The appointments to Class I &rvice by interview were
made by the. Government in consultation with the Union Public Service
Commi~sion.
The selection was
made by the Union
Public Service
Commission.
The appointment by competitive eXamination. proved fruit·
F
less.
The country was in a state of emergency.
The appointment ·and
selection by interview was the only course possible. It could not be said
that all .appointments should1 have been m'lde by promotion; that would
not be in the interest of the service.
The Service Rules were administra ..
tive in character. The Government relaxed the rules.
The ameridments
of the rules in 1967 recognised the !reality of the situation of apPoint..
ment by interview.
That is why the 1967 amendment recognised that
50% of "the direct recruit:: by competitive ad hoc appointments were to
G
be reserved for graduate engineers who were commissioned in the Armed
Forces on a t~mporary basis" Ultimately, when the rules were amended
in 1969 and the rules became statutory in character, not only the recruitment by interview but also the relaxation of rules was regularised. The
result is that the rt:spondent-: who were appointed by interview fell within the Class I direct recruits. [901 F-902 Al
(ii) The 'lppellants could have no grievance with regard to confirma·
H
tion. Departmental promotees bad heen confirmed against permanent
posts '''ithin their quota in order rf s~11iority. The <leoartmental promotecs
who had been confirmed up to th•! year 1970 had been promoted to
'
B
BACHAN SINGH v. UNION (Ray,/.)
899
,Jass I Servrc.::: b;.;.'."v.:e t;:.;;! a.ppel!ants.
On the Other hand direct recruits
con~.isting of those !recruited by competitive examination -'3.S well as by
interview had been confirmed against permanent vacancies within their
quota.
As a matter oi fact between the years 1959 and 1963 inclusive
the quota fixed for departmer.tal promotees was increased from 10 to 50%
and
t~ercby corJi.:-rnati.o:i cf d~p<1.rtmcntal promotees and direct recruits
was equally balanced. [905 D-FJ
Accordingly, the appeal must fail;

## Text

898
BACHAN SINGH & ANR.
A
v.
UNION OF INDIA & ORS.
March 17, 1972
[S, M. S1KJU, C.J., A. N. GROVER, A. N. RAY, D. G. PALEKAR
B
AND M. H. BEG, JJ.]
Alilitary Engineer Service
Class I (Recruitment,
Promotion,
and
Seniority Rules) 1951, Rule 3-Recruitment by i'nterview
whether re~
cruitmen~ by competition within meaning of ruie--Quoras for promotion
and confirmtltion of direct recruits and promotees-Direct \T'tcruits irecruit~d whether coui•d_ be confirnted in permanent. posts earlier than pro- . C
motees who had been promoted to Class 1 before their recruitment.
The two appellants were promoted in the years 1958 and 1959 respectively to the Military Engineer
Service Class I. Some of the respondents were appointed to the said.class I Service.after they had appeared
at the competitive examination while the rest were appointed by direct
recruitm~nt after having been interviewed by the Union Public Service
Commission.
All the r.!spondents were appointed to the service in the . D
years 1962, 1963 and 1964. · The respondents were confirmed in th~ir pools
before the appellants. The appellants filed writ petitions in the
High
·Court which were dismissed.
Jn appeal before-this Court the appellants
contended (i) that .the respondents who we.re directly appointed to class
I
scrvic~ by interview \Vere- not v.·ithin the purview of r:cruitment to
Class I service by competitive examination under the Military
Engineer
9-!rvice Cla<.:s I (R~cruitm.ent Promotion and Seniority) Rules; (ii) that the
respondents were recruited to Class I Service by interview and competitive ,.E
examination aft·er the appellant had been promoted to Class I Eervice and
were therefore not to be confirmed in permanent posts before the appe} ...
Janis.
HELD·, (i) The appointments to Class I &rvice by interview were
made by the. Government in consultation with the Union Public Service
Commi~sion.
The selection was
made by the Union
Public Service
Commission.
The appointment by competitive eXamination. proved fruit·
F
less.
The country was in a state of emergency.
The appointment ·and
selection by interview was the only course possible. It could not be said
that all .appointments should1 have been m'lde by promotion; that would
not be in the interest of the service.
The Service Rules were administra ..
tive in character. The Government relaxed the rules.
The ameridments
of the rules in 1967 recognised the !reality of the situation of apPoint..
ment by interview.
That is why the 1967 amendment recognised that
50% of "the direct recruit:: by competitive ad hoc appointments were to
G
be reserved for graduate engineers who were commissioned in the Armed
Forces on a t~mporary basis" Ultimately, when the rules were amended
in 1969 and the rules became statutory in character, not only the recruitment by interview but also the relaxation of rules was regularised. The
result is that the rt:spondent-: who were appointed by interview fell within the Class I direct recruits. [901 F-902 Al
(ii) The 'lppellants could have no grievance with regard to confirma·
H
tion. Departmental promotees bad heen confirmed against permanent
posts '''ithin their quota in order rf s~11iority. The <leoartmental promotecs
who had been confirmed up to th•! year 1970 had been promoted to
'
B
BACHAN SINGH v. UNION (Ray,/.)
899
,Jass I Servrc.::: b;.;.'."v.:e t;:.;;! a.ppel!ants.
On the Other hand direct recruits
con~.isting of those !recruited by competitive examination -'3.S well as by
interview had been confirmed against permanent vacancies within their
quota.
As a matter oi fact between the years 1959 and 1963 inclusive
the quota fixed for departmer.tal promotees was increased from 10 to 50%
and
t~ercby corJi.:-rnati.o:i cf d~p<1.rtmcntal promotees and direct recruits
was equally balanced. [905 D-FJ
Accordingly, the appeal must fail;
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1499 of
1971.
.
Appeal from the judgment and order dated August 23, 1971
C
of the Delhi High Court in Civil Writ Petition No. 517 of 1971.
M. C. Chag/a and R. Gopalakrishnan, for the appellants.
Jagadish Swarup, Solicitor-General cf India,
G. L. Sanghi,
B. D. Sharma and S. P. Nayar, for respondents Nos. 1 and 2.
A. K. Sen and H.K. Puri, for respondents Nos. 15, 39 to 4g,
D
51, 103 and 123.
J. D. Jain, for respondent No. 55.
The Judgment of the Court was delivered by
Ray, J.
This in an ,appeal by certificate from the judgment
E dated 23 August, 1971 of the High Court of Delhi dismissing the
writ petitions of the appellants.
The two appellants were promoted in the years 1958 and 1959
respectively to the Military Engineer Service Class I (hereinafter
referred to -as the Class I Service).
The appellant No. 1 joined the
Military Engineer Service as a temporary overseer on 1 May, 1942.
F
He was promoted to the grade of Superintendent Grade I on 1 May,
1949.
In the month of April, 1957 he was selected to be promoted to the- grade of temporary Assistant Executive Engineer in
Class I Service and he was promoted in fact in the month of April,
1958.
Respondents Nos. 4 to 21, 107 to 122 and 124 to 126 were
G appointed to the said Class I Service after they had appeared at
competitive examination while the rest were appointed by direct
recruitment after having been interviewed by the Union Public
Service Commission.
All the respondents were appointed to the
said Class I Service in the years 1962, 1963 and 1964.
H
The appellants contended first that the respondents who were
directly appointed to Class I Service by interview were not within
the purview of recruitment to Class I Service by competitive examination.
The Military Engineer Service Class I (Recruitiilent,
900
SUPREME COURT REPORTS
(1972] 3 S.C.R.
Promotion and Seniority) Rules which came into force on 1 April,
A
1951 speak in rule 3 of recruitment to the Class I Service (a) by
competitive 11Xamination in accordance with Part II of the Rules
and (b) by promotion In accordance with Part III of the Rules.
The appellants conte)lded that appointment to Class I Service by
interview was not one of the methods of recruitment contemplated
in the Rules, and, therefore, the respondents who were appointed
B
by interview could not boe said to be validly appointed in accordance with the Rules.
The second contention of the appellants was that· the respondents were recruited to Class I Service by interview and competitive
examination after t.he appellant had been promoted to Class I
Service and were therefore not to be confirmed in permanent posts
C
before the appellants.
•
Class I Rules mention recruitment by competitive examination
and by promotion. In 1961 on the results of the competitive examination no candidates were available for allotment to Class I
Service against temporary posts.
In 1962 there was a state of
emergency.
Engineers were immediately required to fill the temporary posts in Class I Service.
To meet the emergency the Union
Government in consultation with the Union Public Service Commission decided to recruit candidates by advertisement and selection
by the Union Public Service Commission.
The Government with
the aid of selection and interview by the Union Public Service
Commission directly recruited some respondents to Class I Service
in the years 1962, 1963 and 1964.
The candidates were selected
after viva-voce examination.
It, therefore, follows that the method of recruitment b!Y inter'
view was adopted to meet the emergency specially when the mode
of appointment by competitive examination failed.
The candidates
who were selected were iiut through a period of probation of 2
years.
Only on a satisfactory completion of probation the candidates were allowed to continue in service.
On completion of 3
years continued service in the grade and after qualifying the necessary departmental test the respective officers were declared quasipermanent in the grade in terms of Central Civil Service (Temporary Service) Rules.
D
E
F
G
During the years 1962, 1963 and 1964 particularly and until
the year 1969 the Class I Seniice Rules were not statutory in character.
The Union Government relaxed the Rules both in regard
to res:ruitment by interview and in regard to the quotas fixed by the
Rules for direct·. tcruitment and recruitment by promotion to
Class I Service.
•
In the year 1967 rule- 20 of Part II of Class I Service Rules
was amended by introduction of sub-rules (h), (i), (j) and (k)'.
....
•
A
I
c
D
E
I1
G
lJ
BACHAN SINGH V. UNION (Ray, J,)
eor
Rule 20 referred to the period of probation in the case of recruitment by competitive examination. Sub-rule (i) stated that "50
per cent of the- permanent vacancies to be filled through the competitive ad hoc recruitment conducted by the Commission after 17
May, 1963, shall b~ reserved for graduates engineers who are
commissioned in the Armed Forces on a temporary basis during
the present emergency and later released," subject to certain conditions enumerated therein.
Rule 24 was also introduced by way of
amendment in the year 1967. Rule 24 occurs in Part IV of the
Rules.
It may be stated here that Part II of the Rules deals with
recruitment to Oass I Service by competitive examination, Part III
with recruitment to Class I Service by promotion and Part IV deals
with miscellaneous Rules. Rule 24 stated that where the Central
Government was of opinion that it was necessary or expedient so
to do, it might by order, for reasons to be recorded by it in writing
and after consultation with the Union Public Ser\.ice Commission
relax all or any of the rules with respect to any class or, category
of persons or posts.
In 1969 the Class I Service Rules were amended.
The important amendments were rule 4 and substitution of rule 21 in place
of rules 21, 22 and 23.
Rule 4 dealt with the quotas fixed for -
direct recruitment and promotion to Class I Service.
The substituted r,ule 21 stated that appointment by promotion was to be made,
!:tr selection and promotion was not to be as a matter of right.
The
real importance of the amendments of the rules in the year 1969
lies in the fact th_at the amendments were made by the President
in exercise of the powers conferred by the proviso to Article 309
of the Constitution. As a result of the 1969 amendment it follows
that the entire body ol rules of Class I service became statutory
rules by incorporation.
The appointments to Class I Service by i~terview were made
by the Government in consultation with the Union Public Service
Commission.
The selection was made by the Union Public Service
Commission.
The appointments by competitive examination proved fruitless.
The country was in a state of emergency.
Appointment and selection by interview was the only course possible. It
could not be said that all appointments should have been made by
p~omotion. That would be not in the interest of the Service.
The
Service Rules were administrative in character. The Government
relaxed the rules.
The amendments of the rules in 1967 recognised
the reality of the situation of appointment by interview.
That is
~
the 1967 amendment recognised that 50 per cent of "the direct
recruits b.Y <'.ompetitive/ ad hoc appointment were to be reserved for
graduate"englhee\'s who were commissioned in the Armed, forces
_. on ~ ternP,O(ary basis."
-
'902 .
SUPREME. COURT REPORTS
[1972] 3 s.c.R
on a temporary basis."
Ultimately, when the rules were amended
A
in 1969 and the rules became statutoiy in character not only the
recruitment by interview but also the relaxation of rules was regu.
larised. The result is that the respondent who were appointed by .
interview fell within the class of direct recruits.
The only other contention on behalf oi the appellants was that
B
they were promoted to Class I Service in the years 1958 and 1959
respectively and were thus senior to the respondents who were·
recruited to the Service subsequently, and, ther~fore, the appellants
should be confirmed in Class I Service in priority to thi: · respondents.
The promotion ofi the appellants was to temporary posts
in Class I Service.
The appellants were to be confirmed in perma. c
nent posts.
The respondeiits wilo were appointed lfy competitive
examination and by interview were also appointed to temporary
posts.
They were also to be confirmed in permanent posts after
having served the period of probation in accordance with the rules.
The recruitment to Class I Service during the years 1951 to 1958
was on the quotas fixed by rule 4 of the Class I Rules on the rj!tiq
0
of 10 per cent for departmental promotion and 90 per cent fQr.
direct recruitment.
Though rule 4 fixed the quotas on the/ ratio
of 10 per cent for departmental promotion and 90 per ce/tt for
direct recruitment the Union Government in consultation with the
Union Public Service Commission relaxed the rules and revised as.
an interim measure the existing quota oi 10 per cent of departmental candidates for promotion to 50 per cent in the years ! 959
E
to 1963 inclusive.
From 1964 to 1968 the quota fixed by rule 4
was followed again.
Fmally, in 1969 the rules were amended and
the quota for departmental promotion was 25 per cent and for
direct recruitment at 75 per cent.
In this background the recruitmellt against temporary posts
F
between the years 1951 and 1971 was indicated by a chart prepared by the Government and accepted to be correct.
The recruitment against temporary posts indicated the following features :
Between 1951 and 1956 the total recruitme11t against temporary
posts was 84 whereof 75 were allocated for direct recruits and 9
for departmental promotees.
But in fact the recruitment by interG
view was for 29 and by departmental examination.
During the
years 1957 and 1963 the number of vacancies for recruitment to
temporary posts was 675 whereof 339 were allocated for direct
:·ecruits and 336 for departmental promotees.
Only 20
were
recruited biy competitive examination and 171 by interview and the
remaining 484 were instances of departmental promotion. BeH
tween the years 1964 and 1968 the total recruitment was 264
whereof 23 8 were ~tllocated for direct recruits and 26 for departmenta.l. ,Promotees.
In fact, recruitment was of 139 persons by
B
BACHAN SINGH V. UNION (Ray, J,)
903
competitive ellamination and of 98 by interview and 27 by departmental promotion.
Between the years 1969 and 1971 there were
45 vacancies to temporary posts whereof 33 were allocated fordirect recruits and 12 for departmental promotees.
11
were
recruited by competitive examination · and 34 were promoted
departmentally.
The recruitment against temporary posts during
the years 1951 and 1971 shows that dnring the relevant years 1959
to 1963 the Union Government relaxed the quota and increased the
quota of 10 per cent to 50 per cent for departmental promotion.
It cannot- therefore be said that any injustice was done to the
departmental promotees or that any advantage was gained by the
persons who were recruited by interview.
It is because of the
conditions of emergency that the quota' for filling the temporary
posts was half for departmental promotees
and half for direct
recruitment.
The confirmation against permanent posts was also in accordance with the quotas fixed by rule 4 for the years 1951 to 1958,
namely, 10 per cent for departmental promotion and 90 per cent
D for di_rect recruitment.
During the years 1959 ti> 1963 inclusive
the Union Government in consultation with the Union Public
Service Commission relaxed the quota rule and increased the quota
for departmental promotees from 10 per cent to 50 per cent and
reduced the quota of direct recruitment from 90 per cent to 50 per
cent.
In the year J 959 126 permanent posts were
available
£ whereof 63 were allocated for direct recruits and the other 63 were
for departmental promotees. In 1960 there were 14 permanent
.posts and 7 were allocated for direct recruits and 7 for departmental
promotees:
Again, in 1961 there were 23 permanent posts available.
12 were allocated for direct recruits and U for departmental
promotees.
For 1962 there were 20 permanent posts whereof 10
were allocated for direct recruits and the other 10 for departmental
promotees.
In 1963 there were 11 permanent posts whereof 5
were a!located for direct recruits and 6 for departmental promotees.
In 1964 there were 9 permanent posts whereof 8 were allocated for
direct recruits and one for departmental promotee. In 1965 there
•
were 15 permanent posts whereof 13 were allocated for direct
recruits and two for departmental promotees.
In 1966 there were
G
113 permanent posts whereof 82 were allocated for direct recruits
and 11 for departmental promotees and 20 for released officers in
accordance with the revised rule in the year 1967. ln 1967 there·
were 45 permanent posts whereof 40 were allocated for direct
recruits and 5 for departmental promotees.
In 1968 there were
14 permanent posts available whereof 13 were albcated for direct
H recruits and one for departmental promotee.
The position with regard to filling of permanent posts shows
that during the years 1951 to 1958 the quota was 10 per cent-for
904
SUPREME COURT Jμ!PORTS
[1972] 3 s.c.R.
departmental promotees and 90 percent for direct recruitment but
during the years 1959 to 1963 the quota was changed with the
result that half of the permanent posts were filled by. departmental
promotion allld the other half by direct recruitment. From 1964
to 1968 the old quota of 10 per cent for departmi:ntal promotion
and the remaining 90 per cent for direct recruitment was resorted
to. In 1969 rule 4 was changed with the result that there were
25 per cent for departmental promotion and the remaining 7 5 per
cent for direct recruitment.
In the year 1959 the direct recruits
who were confirmed in permanent posts were recruited by the Union .
P.ublic Service Commission by interview during the years 1951 to
1956. In 1960 the direct recruits through interview who were
. confirmed had been selected through interview by the Union Public
Service Commission betwen the years 1953 and 1956. In 1961
the direct recruits who were confirmed in permanent posts were
those who had been selected by the Union Public Service Commission through interview during the years 1956 to 1957. In 1962
the direct recruits who were confirmed in permanent posts were
those who had been selected by the Union Public Service Commission through interview during the years 1956 to 1958.
In 1963
the direct recruits who were confirmed in permanent posts were
those who had been selected by the Union Public Service Commission through interview between the 'years.1958 to 1961. In 1964
a
c
D
the direct recruits who were confirmed in permanent posts were
those recruited in 1962 by the Unfon Ptiblic Service Commission
through interview. In 1965 the direct recruits 'who were confirmed
in permanent posts were those recruited by the Uniqn Public Serviee
Conimission through interview in 1962 and 1963.
In 1965 13
direct recruits were confirmed and they included s.ome of the respondents.
In 1966 82 direct recruits were confirmed against permanent posts and they were persons who had been selected by the
Union Public Service Commission throu,gh interview during the
F
year 1963 and they included some of the respondent!i.
In the year 1959 when the Government in consultation with the
Union Public Service Commission revised as an interim measure
the increase of the quota of departmental promotion of candidates
from 1 O to 50 per cent and followed that system .up to the end of
1963 a question arose as to how the then existing permanent vacanG
cies were to be filled and the Union Public Service Commission ·
advised that the same might be filled by confirmation of direct
recruits, namely, those recruited on the basis of competitive ~xami
nation and by advertisement and selection ood promotees m the
ratio of 1 : 1.
The advice of the Union Public Service Commissioi;i was...Jlccepted and the Departmental Promotion Committee
R
actcid,oii that bijSjs.
It is .apparent that during those years there
was a relaxaii~n: in the observance of rules in the case of appellants
, and the ether departmental promotees. The Union Government
BACHAN SINGH v. UNION (Ray, J.)
905
A. all throughout acted in consultation with the Union Public Service
Commission.
The departmental promotees gained considerable
advantage by relaxation of the rules. The direct recruits were not
shown any preference at all.
The proportion of confirmation of
departmental promotees and of direct recruits by interview was.
1 : 1.
B
In. the year 1967, the Government was again faced with the
question of confirmation of direct recruits by interview as well as
by competitive examination against permanent vacancies in the
grade falling in the direct recruitment quota prescribed in the rules.
The Union Public Service Commission advised that direct recruits
c by interview and by competitive examination could be confirmed
against permanent vacancies within the fixed quota of direct recruits.
The result was that in 1969 the Class I Service Rules were amended
aind the quota for departmental promotion was raised from 10 to
25 per cent and the quota of direct recruits was reduced from 90
to 7 5 per cent.
D
The appellants can have no grievance with regard to confirm&·
tion.
The departmental promotees have l:leen confirmed against
permllJlent posts within their quota in order of seniority. Departmental promoteeS who have been confirmed up to. the year 1970
had been promoted to Class I Service before the appellants.
On
the other hand, direct recriuts consisting of those recruited by com-.
• E
petitive examination as well as by interview have been confirmed
against permanent vacancies within their quota.
As a matter of
fact between the years 1959 and 1963 inclusive the quota fixed for
departmental promotees was increased from 10 to 50 per cent and
thereby the confirmation of departmental promotees and direct
recruits was equally balanced.
F
The direct recruits who were appointed by interview fell within
the class of direct recruits. The quota fixed for direct recruits was
never infringed by absorbing direct recruits by interview beyond
the quota. The confirmation of direct recruits and departmental
promotees against permanent vacancies was in accordance with the
quota fixed.
By reason of relaxation of rules in regard to increase
G ol quota for departmental promotees they gained advantage durin~
the years 1959 to 1963 when because of the emergency direct
recruits by interview were selected by the Union Public Service
Commission.
H
For the foregoing reasons the appeal fails and is dismissed. In
view of the fact that there wa5 no order as to costs in the High
Court parties will bear their own costs.
G.C.
Appeal dismissed.