Karnati Ravi vs Commr., Survey Settlements & Land Records

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.897/2010

KARNATI RAVI & ANR. Appellants

VERSUS COMMISSIONER SURVEY SETTLEMENTS AND LAND RECORDS & ORS. Respondents

WITH

C.A. No.898/2010

J U D G M E N T

KURIAN, J.

1. The issue raised in these Appeals pertains to the

question whether in the matter of selection and

appointment, executive instructions pertaining to the

procedure of selection, which is not prescribed under the

Rules can rule the field.

2. The appellants participated in the selection for

appointment as Deputy Surveyor. There is no dispute that

all of them possessed the qualification for the post.

The procedure for selection was, however, not available

under the Rules and, therefore, by executive

instructions, it was notified that the participants would Signature Not Verified Digitally signed by ASHA SUNDRIYAL Date: 2017.07.26 be subjected to a written test and also a physical 16:49:40 IST Reason:

endurance test.

3. It is the contention of the appellants that the 2

physical endurance test is not a test prescribed under

the Rules, unlike in the case of selection of a Police

Constable where it is a prescribed procedure.

4. We are afraid this contention cannot be appreciated.

5. It may be seen that even a written examination is not

a procedure prescribed under the Rules. The Rules only

provide the essential qualifications for the post. The

method of selection, in the absence of Rules has to be

supplied by the executive instructions. All the

appellants have appeared in the written examination.

They were also subjected to a physical endurance test

which they could not qualify. It is, thereafter, the

unsuccessful candidates in the physical endurance test

put up a challenge regarding the validity of the

executive instructions whereby physical endurance test

has been prescribed.

6. As we have already noted above, in the absence of the

Rules, it is well within the powers of the Executive

under Article 162 of the Constitution to provide for the

required instructions with regard to the procedure for

selection, so long as they do not come in conflict with

the Rules.

7. That apart, all the candidates have participated in

the selection, both in the written examination, though 3

not a prescribed one, for which there is no objection, as

also the physical endurance test. Having participated in

the selection without any objection, they cannot later

challenge the procedure.

8. In view of the above, we do not find any merit in

these Appeals and the same are dismissed.

…................J. [KURIAN JOSEPH]

.................J. [R. BANUMATHI] JULY 20, 2017;

NEW DELHI.