Indian Kanoon - Search engine for Indian Law

d) In view of Article 239AA, UPSC has no authority and power over Respondent No.1-Govt. of NCTD, and the State Public Service Commission, if any, alone will be competent and authorized to discharge the functions relating to the appointments in any of the services under the Respondent No.1.

e) The decision of the Constitution Bench of the Hon'ble Apex Court in Secretary, State of Karnataka & Others v. Uma Devi (3) & Others, (2006) 4 SCC 1 or the other judgements on the similar lines have no application to the facts of the present case.

b) Even after the Constitutional amendment by way of adding Article 239AA, Delhi is still an Union Territory. The name of the Union Territory of Delhi is changed to that of National Capital Territory of Delhi, and though Legislative Assembly is created to legislate on certain aspects, but Delhi is continued to be an Union Territory and hence, the consultation with UPSC is necessary in respect of the matters of services of Delhi. More so, in matter of recruitment to Group `A' services, such as the post of Assistant Professor in 1st Respondent-GBPE College.

21. Article 239AA, which was inserted by the Constitution (69th Amendment) Act, 1991, w.e.f. 01.02.1992, the relevant paragraphs of which and other relevant Articles 239 and 320 read as under:

Article 239:

[239. Administration of Union Territories: (1) Save as otherwise provided by Parliament by law, every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify.

(2) Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers.

Article 239AA:

[239AA. Special provisions with respect to Delhi:-