Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Jammu and Kashmir Medical Education Gazetted Service Recruitment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law : Jammu and Kashmir Medical Education Gazetted Service Recruitment Rules, 1979; Rule 57: Appointment of doctors by direct recruitment-Grant of ad hoc promotion to departmental employees approved by State Public Service Commission Panel/select /List drawn by the Commission in pursuance of direct recruitment-Appointments from list/panel-Challenge t~Allowed by High Court holding that the appointments were made from future vacancies beyond the notified vacancies-On appeal, Held: Commission recommended for promotion for departmental employees within a very short period from the date of the advertisement for direct recruitment-Thus, there existed vacancies-High Court did not examine the validity of select list/panel beyond one year-File record containing policy decision with regard to the appointments in question not produced by the Department in spite of specific directions by the High Court-Hence, the case is remitted to the High Court for consideration afresh. Appellant-State of Jammu & Kashmir issued an advertisement for appointment of lecturers/doctors in the Medical Education Department. In the meantime, four departmental employees were granted ad hoc promotion. Later, State Public Service Commission (Commission) accorded its approval for the promotion. Pursuant to the advertisement for the direct recruitment, the Commission prepared a select list and waiting list. In pursuance thereof, three persons were appointed. Their appointment was challenged by the respondents. The challenge was held to be without substance by the High Court. However, in the Letters Patent Appeal, Division Bench of the High Court held that the appointments were beyond the notified vacancies as indicated in the advertisement for the appointment but it was in respect of future vacancies. Hence the present appeals. It was contended by the appellant-State that the approach of the High Court was erroneous both factually and legally; that it failed to notice that because of the officiating promotions given to four persons, there existed four vacancies, merely because they were not notified, that did not make the situation different; and that since petitioners were not eligible for appointment, they did not have locus standi to challenge the selection. Respondents submitted that the State did not make requisition for appointment for six posts but it had categorically advertised for appointment for two posts; that had the Commission considered the four vacancies to be existing vacancies, it would have made list of six candidates and would not have drawn up "waiting list; and that though the writ petitioners were found to be ineligible on the date of advertisement, they were eligible on the date the selectlist was drawn up. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 106 |
Petitioner | State Of J & K And Ors. |
Respondent | Sanjeev Kumar And Ors. |
SCR | [2005] 2 S.C.R. 400 |
Judgement Date | 2005-02-24 |
Case Number | 1396-1397 |
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