DR. SURINDER SINGH JAMWAL AND ANR.versusTHE STATE OF JAMMU AND KASHMIR AND ORS.

            DR. SURINDER SINGH JAMWAL AND ANR.                                    A
                             v.
         THE STATE OF JAMMU AND KASHMIR AND ORS.

                               JULY 17, 1996

             [K. RAMASWAMY AND G.B. PATTANAIK, JJ.]                               B

       Service Law--Reouitment-Adiwc appointment-Continuation for
more than 13 years--Oaim for regularisation-Wiit-Dismissal by High
Cowt-Appeal by adhoc appointees-Held the settled legal position is that
reouitment should be govemed by statut01y 111/es-Regular recmitment should        C
be made by Public Se1vice Commission-Ad/we appoimments are only tem-
porwy appointments pending regular appointments without any 1ight to
regularisation of se1vice-Directions issued to State Govemment to notify
vacancies to Public Se1vice Co1111nission-Adhoc appointees to continue till
regularly selected candidates am appointed-Age relaxation for adhoc appoin-
tees should be considered so that they can apply for recntitment-Life of Panel    D
of ~·elected candidates having expired due to suspension order of this Co111t
the sanze was directed to be extended for the jJe1iod d1uing l1 hich stay order
                                                               1


was in operation.

        J & K Public Service Commission v. Dr. Nminder Mohan, [1994] 2
                                                                                  E
sec 630, relied on.
        CIVIL APPELLATE JURISDICTION : Civil Appeal No. 9521 of
1996.

     From the Judgment and Order dated 4.9.95 of the Jammu and
Kashmir High Court in L.P.A. (S.W.) No. 63 of 1990.
                                                                                  F

        D.D. Thakur and L.R. Singh for the Appellants.

        Ashok Mathur for the State.

        Ranjit Kumar, Ms. Anu Mohla, for the Respondents.                         G

        The following Order of the Court was delivered :

        Leave granted, we have heard counsel on both sides.

        The controversy raised in this case is squarely covered by the judg- H
                                     663
    664                   SUPREME COURT REPORTS [1996] SUPP. 3 S.C.R.

A ment of this Court reported in J.& K Public Se1vice Commission v. Dr.
  Nwinder Mohan, [1994] 2 SCC 630. It is not in dispute that the appellants
  were recruited on ad hoc basis and have been continuing as such. It is their
  contention that since they had put in more than 13 years of service they
  are entitled to regularisation of service and approached the High Court for
  direction to regularise their services. The High Court has followed the ratio
B in the above judgment and dismissed the petition. In the light of the
  judgment of this Court the settled legal position now is that the recruitment
  to the service should be governed by the appropriate statutory rules. Under
  the rules the regular recruitment to the posts shall be made by the Public
  Service Commission. Consequentially, the ad hoc appointments would be
C only temporary appointments de ho"· the rules, pending regular, recruit-
  ment without conferring any right to regularisation of service. This Court
  in Nminder Mohan'.' case (supra) had given the following directions:

             11
              Accordingly, we set aside the directions issued by the Division
             Bench of the High Court and confirm those of the Single Judge
D
             and direct that State Government of the J & K to notify the
             vacancies to the PSC which would process and complete the
             selection, as early as possible, within a period of six months from
             the date of the receipt of this order. The State Government should
             on receipt of the recon1mendation, make appointments in the order
E            mentioned in the selection list within a period of two months
             thereafter. Since the respondents have been continuing as ad hoc
             doctors, they shall continue till the regularly selected candidates
             are appointed. They are also entitled to apply for selection. In case
             any of the respondents are barred by age, the State Government
             is directed to consider the cases for necessary relaxation under
F
             Ruic 9(3) of the age qualification. If any of the respondents are
             not selected, the ad hoc appointment shall stand terminated with
             the appointment of the selected candidate. The direction sought
             for by Dr. Vinay Rampa! cannot be given. His appeal is accordingly
             dismissed and the State appeal is also dismissed. The appeals of
G             the PSC are accordingly allowed but in the circumstances parties
              are directed to bear their O\Vn costs. 11


           Following the above directions, there shall be a direction to the State
     Government to notify the vacancies to the Public Service Commission
H    within a period of two months from today. On notification so made, it
                       DR.S.S.JAMWAL v. STATE                           665

would be open lo the appellants to apply for regular recruitment. It would A
be for the PSC to consider the respective claims of the candidates who
have applied for and lo make necessary selection according to rules. On
selection so made and recommendation made to the State Government,
the Slate Government will make appointments as per rules within a period
of two months from the date of the receipt of the list of the selected B
candidates from the PSC. The PSC is directed to complete the process of
the selection within a period of three months from the date of the receipt
of the requisition. The State Government after receipt of the lists shall
make the necessary appointments in accordance with law. Till then the
appellants would continue only on ad hoc basis till the regularly selected
candidates are appointed.                                                  C
      It is obvious that the appellants have become barred by age for the
direct recruitment. It would, therefore, be necessary that the State Govern-
ment would relax the necessary age qualification so as to enable them to
apply for and seek recruitment through PSC.
                                                                               D
      The contesting respondents who have come on record have stated
that the panel stands expired during the interregnum due to the order of
suspension granted by this Court. Under these circumstances, the life of
the panel is extended for the period during which the stay order is in
operation.
                                                                               E
     The appeal is accordingly disposed of. No. costs.

T.N.A.                                                 Appeal disposed of.