& Ors Vs. Union Territory of Pondicherry & Ors  INSC 1234 (1 October 1996)
O R D
special leave petitions arise from the orders of the Administrative Tribunal
made on February 20,
1996 in OA No.290/95
and batch. The petitioners were appointed as Lecturers on ad hoc basis and some
of them had obtained M.Phil, Ph.D. also. When the regular recruitment through
the Public Service Commission [the "Commission", for short] was
conducted, the petitioners also appeared before the Commission but they were
not selected. Subsequently, the petitioners filed petitions for regularisation
of their services. In the impugned order, the Tribunal has pointed out that
since posts are required to be filled up by recruitment from the open market
through the Commission, the Tribunal has no power to issue direction to regularise
the services. Thus, these special leave petitions.
K.M.K. Nair, learned counsel for the petitioners, contended that the
petitioners are postgraduates, M.Phil and Ph.D, and they are highly qualified
and have acquired experience from 1987 as lecturers. When they were appointed, number
of vacancies were available. Since they have been working since 1987, they
require to be regularised by suitable directions. We find no force in the
contention. The admitted position is that the Commission having been entrusted
with the constitutional duty to select suitable candidates by inviting
applications from the open market, every candidate has a fundamental right to
seek consideration and for selection through open competition.
petitioners also have that right. At one time, they staked their claims but
were not selected. Therefore, the process of recruitment through the Commission,
as envisaged under the Constitution, cannot be bypassed by issuing direction
for regularisation of the services of the ad hoc persons who had come to the
service through back-door entry.
Court in catena of decisions has deprecated this practice of regularisation
except in extra-ordinary cases by directing the Government to frame a scheme
and regularise Class III and IV services in accordance with the scheme.
in subsequent decisions, that leverage is not being insisted upon. This Court
in J & K Public Service Commission & Ors. vs. Dr. Narinder Mohan &
Ors. [(1994) SCC (L & S) 723] had held that the Court cannot adopt hybrid
process of direction to regularise the services bypassing process of selection
envisaged under the Constitution. This Court has deprecated the Government for
exercising the power under Article 320 of the Constitution taking out the posts
from the purview of the Commission and to regularise services de hors the
Commission. Under those circumstances, we are of the view that the Tribunal has
rightly rejected the claim to grant the relief sought for.
special leave petitions are accordingly dismissed subject to the benefit of
relaxation of age bar till the date of next recruitment so as to consider the
cases of the petitioners along with open candidates.