DR. P.N. DUBEY AND ORS.versusSTATE OF MADHYA PRADESH
- Citation
- 1997 INSC 115
- Decided
- 6 February 1997
- Disposal
- Dismissed
Holding
A notification for direct recruitment remains valid so long as the governing recruitment rules have not been amended, even if the government has internally decided to shift to 100 % promotion.
Summary
The appellants, who were Veterinary Assistant Surgeons in the Madhya Pradesh Veterinary Services, sought appointment as Assistant Directors. Under the Madhya Pradesh Services (Gazetted) Recruitment Rules, 1966, recruitment to that post was to be made equally by direct recruitment and promotion. Although the State Government had decided to fill all such vacancies by promotion, it had not amended the Rules. Consequently, a notification was issued for direct recruitment to fill the 50 % of vacancies reserved for that mode, which the appellants challenged. The High Court held that the notification was valid because the governing Rules remained unamended, and the Supreme Court affirmed this view. The Court dismissed the appeal, finding no illegality in the recruitment process.
Issues considered
- Whether a government decision to change the recruitment ratio to 100 % promotion, without amending the applicable recruitment rules, invalidates a subsequent notification for direct recruitment.
Subjects
Judgment
> DR. P.N. DUBEY AND ORS. A
v.
STATE OF MADHYA PRADESH
'!"
FEBRUARY 6, 1997
[K. RAMASWAMY ANDS. SAGHIR AHMAD, JJ.) B
Service Law :
Madhya Pradesh Services (Gazetted) Recmitment Rules, 1966:
Recmitment/Promotiorr-Post of Assistant Directors--50% direct
c
recmitment-50% promotion from Veterinary Assistant Surgeons-Govem-
ment deciding to make 100% promotions--R.ules not amende~eanwhile
Notification issued for filling 50% of vacancies by direct recruit-
ment-Notification challenged-Held, since on the date of Notification, the
~ Rules stood unamended, 50% of the vacani:ies eannarked for direct recmit- D
ment in accordance with Rules-No inte1fere11ce called for.
.. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3349(N)
of 1981.
From the Judgment and Order dated 10.2.81 of the Madhya Pradesh E
High Court in Misc. Petition No. 812 of 1980.
Tirupurari Ray and Vineet Kumar for the Appellants.
--r
~ Sakesh Kumar and S.K. Agnihotri for the Respondents.
F
The following Order of the Court was delivered :
This appeal by special leave arises from the judgment of the Madhya
Pradesh High Court, Jabalpur Bench, made on February 10, 1981 in
Miscellaneous Petition No. 812/80. The appellants were working as Veteri-
nary Assistant Surgeons in the Madhya Pradesh Veterinary Services G
Gazetted. The Madhya Pradesh Veterinary Services is governed by the
~
rules called Madhya Pradesh Services (Gazetted) Recruitment Rules, 1966.
The channel of recruitment to the post of Assistant Director Veterinary
Service was from two sources, namely, direct recruitment and promotion
in the.proportion of one is to one. An advertisement came to be made by H
1017
1018 SUPREME COURT REPORTS [1997] 1 S.C;'R.
A the Madhya Pradesh Public Service. Commission of 28 posts of Assistant <
directors. The appellants had challenged the validity of the Notification and
selection on the ground that the Government had, by then decided, to
provide recruitment to the post of Assistant Directors by promotion with
..
100% from the feeder cadre, namely, Veterinary Assistant Surgeon. It is
found, as a fact, by the High Court that as on the date of the notification,
B the rules were not amended. Unamended Rules provide that the recruit-
ment was to be made from two sources, namely, direct recruitment and by
f-
promotion at a ratio of one is to one. Consequently, the advertisement for
recruitment of Assistant Directors by the Public Service Commission and
selection and appointment of the candidates were valid in law. The same
c came to be challenged in this appeal. It is seen that undoubtedly though
decision was taken by the Government, the Rules have not been amended.
Therefore, the advertisement made for recruitment to fill up the posts of
Assistant Directors, by direct recruitment and consequential selection as
per the unamended Rules for the 50% of the vacancies earmarked for
direct recruitment was in accordance with the aforesaid rules. As a conse-
D "\
quence, the view taken by the High Court is consistent with the Rules. We
do not find any illegality warranting interference.
"'
The appeal is accordingly dismissed. No costs.
G.N. Appeal dismissed.
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