l Appeal No 138 of 1992 From the Judgment and Order dated 3081991 of the Central Administrative TribunalPrincipal Bench New Delhi in OANo
1177 of 1987
GD Gupta and Ashok K Mahajan for the Appellant
KTS Tulsi Hemant Sharma and Vijay KMehta for the Respondents
The Judgment of the Court was delivered by AHMADI J
Special leave granted
Heard counsel on both sides
The facts giving rise to this appeal briefly stated are as under  One MRJaisani a direct recruit was holding the post of Assistant Director General prevention of Food Adulteration in the Ministry of Health and Family Welfare of the Government of India
On his passing away sometime in july 1989 a vacancy arose which was required to be filled under the extant recruitment rules
The recruitment rules which were then in operation provided for the said post being filled in by direct recruitment only
A requisition was sent to the Union Public Service Commission Commission  hereafter sometime in November 1989 for selection of a candidate for filling in the vacancy in question
However before the Commission could advertise the post the Union Government informed the Commission by letter dated December 29 1989 received by the Commission on January 1 1990 not to proceed with the process of selection it was examining the question of opening up an avenue for promotion from Assistant Secretary to the post in question Notwithstanding the said communication the commission advertised the post in January 1990 The appellant applied for the same and was called for an interview on December 131990
Thereupon the first respondent Mrs Debi Mukherjeewho was then serving as Assistant Secretary and was hoping to be promoted as Assistant Director General on the amendment of 4 the recruitment rules approached the Central Administrative Tribunal
New Delhi and obtained an interim order staying the process of selection initiated by the Commission
It may here be mentioned that in the meantime two further layers above that of Assistant Secretary came to be created providing for higher pay scales by an amendment of the rules pursuant to the directions given by this Court in Writ petition No 111889 read with the directions in the Contempt Petition No 590 dated May 4 1990
The two layers thus created provided for higher pay scales but no separate designations
The question regarding the appointment to the vacancy created on the demise of Jaisani however had still to be dealt with
The appellant who was affected by the Tribuanl s Order approached for impleadmentintervention but the Tribunal did not allow the same although we are told that the Tribunal gave a hearing to the counsel for the appellant
The Tribunal ultimately disposed of the petition with a direction to the concerned Ministry to provide promotional avenues to the applicant who had functioned in the post of Assistant Secretary for several years and had held the charge of Assistant Director General as and when the occasion arose
Three months  time was granted to the concerned Ministry to carry out the directions
The failure to carry out the directions had led to the filing of a Contempt Application also
The grievance of the appellant is two fold
Firstly he contends that once the process for selection had started it was not open to the Government as well as the Tribunal to freeze the process and the Commission was entitled to complete the selection
The second point urged was that the fact of the creation of tow layers by the amendment of the relevant rules had been totally over looked by the Tribunal even though its attention was drawn to the same by counsel for the appellant
In support of the first contention strong reliance was placed on the decision of this Court in NT Devin Katti  Ors
vs Karnataka Public Service Commission  Ors
 In that case this Court observed that a candidate who is eligible and otherwise qualified in accordance with the relevant rules and the terms of the advertisement acquires a vested right of being considered for selection in accordance with the rules as they existed at the date of advertisement
He cannot be deprived of that limited right on the amendment of rules during the pendency of selection unless the amended rules are retrospective in nature
While making these observations it was made clear that a candidate on making an application for a post pursuant to an advertisement does not acquire any vested right of selection or of appointment to the post in question
This is obvious from the ratio of this Court s decision in Jatinder Kumar  Ors In that case it was clarified that an independent body like the 5 Commission is established to ensure selection of best available talent for appointment to the post in question to avoid arbitrariness and nepotism in the matter of appointment
The selection has to be made by the Commission and on the basis thereof the Government has to fill up the post adhering to the order of merit drawn up by the Commission
This Court emphasised that the selection by the Commission is only recommendary in nature and the final authority for appointment is the Government and if the Government declined to accept the recommendation the Constitution enjoins the Government to place on the table of the legislature its reasons and report for so doing
Thereby the Government is made answerable to the elected representatives under the Constitution
This however does not clothe the selectee with any right to appointment that is to say that he cannot force the Government to accept the recommendation of the Commission but the Government has to make the appointment strictly in accordance with the recruitment rules and merits as determined by the Commission and it cannot disturb the list at its sweet will
Nor can the Government appoint a person whose name does not appear in the list
It is obvious from the ratio of these two decisions to which our attention was pointedly drawn that if the Commission issued an advertisement at the behest of the Government and pursuant thereto calls a candidate for interviews the candidate has a right to be considered for selection but not a right to be selected or to appointment to the post in question
The right to selection crystalises only after the candidate is called for interview pursuant to the advertisement
But in the instant case the question is whether the Government can withdraw the requisition sent to the Commission for initiating the process of selection because at the point of time no right had crystalised in anyone for being considered for selection
If the Government is at a given point of time considering the question of amending the recruitment rules with a view to providing for promotion to the post in question the Government can before an advertisement is issued by the Commission and the process of selection is under way request the Commission to withdraw the same till it decides on the question of amending the rules
The decision of the Government to withdraw the requisition sent to the Commission in NOVEMBER 1989 before the issuance of the advertisement does not interfere with any vested right of selection because that stage had yet not reached
In the instant case that is exactly what happened
Therefore before the appellant acquired a right to be considered for selection the Government had already intimated that it was examining the question of amending the recruitment rules with a view to providing for appointment by promotion to the post in question
Once this decision was communicated to the Commission before it had set the process of selection in motion by issuing an advertisement it was not open to the Commission to insist that it will go ahead with the selection process as the extant rule provided for 6 promotion by direct recruitment and the Government could amend the recruitment rules retrospectively if it so desired with a view to providing for appointment by promotion
Such an exercise by the Commission would be an exercise in futility waste of public time and money and hardship to candidates who seek appointment
Whether to provide for promotion as a mode of appointment to the post in question is a matter of policy left to the Government to decide and if it desired that the selection process should be held in abeyance till the question was examined and a final decision was taken thereon it was not open to the Commission to ignore the communication of the Government in that behalf and proceed to set the selection process in motion
We think the action of the Commission was somewhat hasty and unjustified
The appellant therefore cannot claim any vested right as urged by his learned counsel
Nor can the Tribunal s omission to notice that two new layers were created have a bearing on the Government s decision to place the process of selection in hibernation till a final decision is taken on the proposal to provide for promotion to the post
For the above reasons we are of the opinion that the decision reached by the Tribunal does not require any interference at our hands in exercise of the power under Article 136 of the Constitution
Hence the appeal fails and is accordingly dismissed with no order as to costs
RP Appeal dismissed


Summary:
This application is in public interest seeking relief for issuing appropriate directions of this Court to Cinema exhibition hails to exhibit slides containing information and messages on environment free of cost
Further directions for spread of information relating to environment in nation al and regional languages vide broadcast thereof on the All India Radio exposure thereof on television in regular and short term programmes with a view to educating the people of India about their social obligation in the matter of the upkeep of the environment in proper shape and making them alive to their obligation not to act as polluting agencies or factors
It is further prayed that environment should be made a compulsory subject in schools and colleges in a graded system so that there would be a general growth of awareness
Till 1972 general awareness of mankind to the environ ment for the well being of mankind had not been appropriate ly appreciated
In 1975 the Constitution underwent an amend ment by incorporating an Article 51A with the heading Fundamental Duties Clause g thereof requires every citizen to protect and improve the natural environment including forests lakes rivers and wild life and to have compassion for every living creature
In 1974 Water Pollu tion Central Act came on the statues book
In 1981 Air Pollution Central Act and finally in 1986 the Environment Protection Act were enacted
Law is a regulator of human conduct but no law can indeed effectively work unless there is an element of ac ceptance by the people in society
379 There has been an explosion of human population over the last 50 years
Life has become competitive so the age old norms of good living are no longer followed
It has therefore become necessary that people be made aware of vice of pollution and its level of consequenceS Keepingg the citizen informed is an obligation of the Government as well as the responsibility of society to adequately educate every component of it so that social level is kept up
Disposing of the matter the Court HELD The principle on which the praayer is made is accepted and the following directions are issued 1
That the Cenaral Governmeent the State Government and Union Tcrritories should invariably enforce as a condi tion of license of all cinema halls touring Cinemas and video parlours to exhibit
free of cost at feast two slidcsmessages on environment in each show undertaken by them
The Ministry of Environment should within two months from
now come out with appropriate slide material on var ious aspect of environment and pollution
This material should be circulated to the collectors who arc the licensing authori ties for compliance without any further directions and failure to comply with the Court order should be treated as a ground for
cancellation of the licence by the appro priate authorities
382 A C 2
The Ministry of Information and Broadcasting of the Government of India should without delay start pronouncing information films of short duration on various aspects of environment and pollution bringing out the benefits for society on the environment protection and hazardous involved in environment pollution
382 D 3
The national network the State Door Darshan Cen tres All India Radio Television should take proper steps to exhibit such films and interesting programmes on the subject
There should be regular compliance of these direc tions be followed from February 1 1992
382 G H 4
The principle that through the medium of educational awareness of the environment and its pollution problems should be taught as a compulsory subject at every level of education
University Grants Commission should prescribe a course on environment in a graded manner as a compulsory subject in college education
The compliance of this re quirement be done in the next academic year
383 A C 380 Since there is a general acceptance throughout the world as also in our country that protection of environment keeping free of pollution is an indispensable necessity of life to survive on earth so everyone must turn his immediate attention to the proper care to sustain environment in a decent way