J. & K. PUBLIC SERVICE COMMISSION, ETC. versus DR. NARINDER MOHAN AND ORS. ETC. ETC.

J. & K. PUBLIC SERVICE COMMISSION, ETC. versus DR. NARINDER MOHAN AND ORS. ETC. ETC.

Government has no power to regularise ad-hoc appointments or relax rules of recruitment contrary to statutory rules; regularisation as directed by High Court was illegal. Recruitment and appointments must follow statutory rules and selection by PSC; hybrid or third-mode procedures are not permitted by law.

Parties
Appellant: J. & K. Public Service Commission; Appellant: State of Jammu & Kashmir; Appellant: Dr. Vinay Ram Pal; Respondent: Dr. Narinder Mohan; Respondent: Dr. Tariq Parvex; Respondent: Dr. Jatinder Singh; Respondent: Dr. K. Mengi; Respondent: Dr. J.P. Singh; Respondent: Dr. Bharat Bhushan Gupta
Jurisdiction
India
Judgment Date
07 December 1993
Procedural Posture
Civil Appeal / Final Judgment by Supreme Court
Outcome
Appeal allowed (PSC); High Court Division Bench directions set aside, Single Judge directions confirmed
Legal Topics
Executive Power, Public Service Commission, Recruitment Rules, Regularisation of Service, Relaxation of Recruitment Rules, Ad Hoc Appointments
Constitutional Law Service Law Executive Power Public Service Commission Recruitment Rules Regularisation of Service Relaxation of Recruitment Rules Ad Hoc Appointments

Case Brief

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Parties

J. & K. Public Service Commission

Appellant

State of Jammu & Kashmir

Appellant

Dr. Vinay Ram Pal

Appellant

Dr. Narinder Mohan

Respondent

Dr. Tariq Parvex

Respondent

Dr. Jatinder Singh

Respondent

Dr. K. Mengi

Respondent

Dr. J.P. Singh

Respondent

Dr. Bharat Bhushan Gupta

Respondent

Procedural Posture

Civil Appeal / Final Judgment by Supreme Court

Legal Issues

  1. 1 Whether Government can regularise ad-hoc appointments by relaxing statutory recruitment rules
  2. 2 Whether High Court's order for regularisation based on evaluation by PSC is valid
  3. 3 Distinction between relaxation of rules of recruitment and conditions of service

Ratio Decidendi

Government has no power to regularise ad-hoc appointments or relax rules of recruitment contrary to statutory rules; regularisation as directed by High Court was illegal. Recruitment and appointments must follow statutory rules and selection by PSC; hybrid or third-mode procedures are not permitted by law.

Court Disposition

Appeal allowed (PSC); High Court Division Bench directions set aside, Single Judge directions confirmed

Orders

  • State Government to notify vacancies to PSC and PSC to complete selection within six months; State to make appointments from PSC selection list within two months thereafter.
  • Ad-hoc doctors shall continue till regularly selected candidates are appointed; respondents may apply for selection; age relaxation to be considered under Rule 9(3) if necessary.