Law: Constitution of India

Section: 16, 136

P L D 1956 Supreme Court (Ind.) 323           (a) Constitution of India-----Art. 16 (Constitution of Pakistan, Art. 17) - Recruitment to Government Service -Equality of opportunity-Power of Government to make ruler of selection of candidates.   It is open to the appointing authority to lay down the requisite qualifications for recruitment to Government service and such prerequisite conditions of appointment as would be conducive to the maintenance of proper discipline amongst Government servants. If persons already under Government employment on part-time basis have shown themselves not to be amenable to proper discipline in Government offices, it is open to Government not to appoint such persons to the permanent cadre of service because such persons cannot be said to be as efficient as those who have excellent records of service and have shown, greater sense of responsibility to their employers.   Article 16 of the Constitution of India (Art. 17 of the Constitution of Pakistan) is an instance of the application of the general rule of equality laid, down in Art. 14, with special reference to the opportunity for appointment and employment under the Government. Like all other employers, Government are also entitled to pick and choose from amongst a large number of candidates offering themselves for employment under the Government.   If the Government decide to exclude all those who had proved themselves as part-time servants of the Government to be lacking in a sense of discipline and of responsibility, it cannot be said that they are denied equal opportunity of appointment and employment under the Government.   Selection for appointment in Government service has got to be on a competitive basis and those whose past service has been free from "blemish can certainly be said to be better qualified for Government service than those whose record was not free from any blemish.   (b) Constitution of India-----Art. 136 (Constitution of Pakistan, Art. 160) Application for special leave to appeal Must be filed within time limited by Rules of Supreme Court Limitation Act (IX of 1908), S. S-Condonation of delay being…