J AND K PUBLIC SERVICE COMMISSION Vs. NARINDER MOHAN

JUDGEMENT

(1.) In S.L.P. (C) Nos. 16496-502/93 the delay is condoned. Special leave is granted in all the cases. The appeals arise from the common judgment dated May 13, 1993 of the Jammu and Kashmir High Court, in LPA No.76/90 and batch.

(2.) Dr. Narinder Mohan (R.1) and Dr. Tariq Parvex (R.2), were appointed as Lecturers on December 12, 1986 and January 21, 1987, respectively. Dr. Jatinder Singh, Dr. K. Mengi, Dr. J. P. Singh, R.3 to 5, were appointed in the same year 1986 and Dr. Bharat Bhushan Gupta (R.6) was appointed on May 12, 1988. All their appointments were on ad hoc basis in different disciplines of Medical Education. The Government relaxed the rules of recruitment and appointed on regular basis the respondents Nos. I and 2 on September 19, 1988 and May 16, 1989 respectively. Their appointments and of the respondents 3 to 6 were challenged in several writ petitions by Dr. Vinay Rampal, appellant in CA .... ./93 (arising out of SLP 13043/93) and others. For regular recruitment when applications were invited, the recruitment also came to be challenged. The respondents in turn filed writ petitions for directions to regularise their services. The learned single Judge by his judgment dated September 19, 1990 declared that the appointments of respondents should be in accordance with the Jammu and Kashmir Medical Education (Gazetted) Services Recruitment Rules, 1979 (for short 'the Rules'). The Government neither have power to relax the rules of recruitment nor have power to regularise the appointment of respondents I and 2 on regular basis. Accordingly quashed their appointments. The appointments of the other respondents were also quashed as being ultra vires of the rules. However, directed their continuance in the posts for a period of three months thereafter and the Government was directed to fill up the posts of Lecturers on permanent basis as per the rules through the Public Service Commission within three months from the date. The respondents were permitted to apply for regular recruitment and in case any one becomes overaged, the cases may be sympathetically considered by relaxing age qualification under R. 9(3). The posts of Lecturers in Medical Education shall be filled up as per the Rules. If no regular appointments are made within three months, on its expiry, the appointments of the respondents shall stand lapsed. On appeal, the Division Bench by the impugned order held that as the Rules provide for appointment of ad hoc Lecturers, their appointments were according to Rules. The respondents are possessed of the requisite qualifications to hold the, posts. The Government have no ,power under S. 133 of the Jammu and Kashmir Constitution (Art. 320 of the Constitution of India) to relax the rules of recruitment. The respondents are not members of the service, since they were not recruited according to the Rules. Therefore, directions, were given as under:

(3.) Calling in question these directions the Public Service Commission (for short 'PSC') the appellant filed the appeals. Dr. Vinay Rampal who claimed for his appointment but was not granted relief, filed a separate appeal. The State came in appeal against the finding that Government have no power to relax the rules and jurisdiction to make appointment of the respondents in disregard of the Rules.