JUDGEMENT

- (1.)COMMUNITY of factual matrix and identify of forensic issues falling for determination in this bunch of Letters Patent Appeals necessitates a common determination and judgment.
(2.)A broad brush factual backdrop will help delineate the contours of pristinely forensic controversy.
(3.)CERTAIN posts of Lecturers fell vacant in the two Medical Colleges of the State. The appellants in these appeals were appointed as Lecturers on adhoc basis. They have been permitted to continue to function on these posts even after the expiry of more than four years. These appointments on adhoc basis were challenged through various writ petitions inter -alia on the ground that the appointments were made in violation of the Jammu and Kashmir Medical Education (Gazetted) Service Recruitment Rules 1979 (Rules for short) and Articles 14 and 16 of the Constitution of India. There is no provision in the rules for making adhoc appointment -Applications were not invited for this purpose. Persons who were eligible for appointment were denied an opportunity to apply for and be considered for appointment to these posts. The present appellants, who were private respondents in the writ petitions were alleged to be lacking in the requisite teaching experience of three years prescribed by Schedule -II of the Rules. Some of the appellants had been appointed Lecturers on regular basis in relaxation of the Rules. In their case also the posts were not advertised, applications were not invited, the posts were not referred to the State Public Service Commission for selection of the incumbent. Cases of all the persons who were eligible were not considered. The State Government did not possess any powers or authority to relax the Rules. It was incumbent on the State Govt. to refer these posts to the Public Service Commission. The appointments were made in violation of rules 7 and 8 and Article 14 and 16 of the Constitution of India. The appointees were the us/uppers of office and were liable to be removed.
In some of the writ petitions, an alternative prayer was made that the petitioners be also appointed as Lecturers like the appellants. Some other points were raised in the writ petitions which were are not concerned in the present appeals.



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