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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 be  subjected  to  a  written  test  and  also  a  physical endurance test. 3. It  is  the  contention  of  the  appellants  that  the

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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

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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.