J & K Public Service Commission vs Dr Narinder Mohan on 7 December, 1993
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.
This 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.
Even 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.