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

[g] Decision in case of J & K Public Service Commission v. Dr. Narinder Mohan, reported in AIR 1994 SC 1808, was cited for the proposition that the executive power under Article 162 of the Constitution could be exercised only to fill in the gaps but such instructions cannot and should not supplant the law, but would only supplement the law. It was held that, having made the rules governing recruitment, the executive cannot fall back upon its general power under Article 162 to regularise the ad hoc appointments under the Rules. It was held that the Rule 9(3) of the J & K Medical Education (Gazeted) Services Recruitemtn Rules (1979), empowered only to relax the qualification of age in particular exigencies which cannot be called in aid to relax the rules of recruitment. It was held that the Government had no power to make regular appointment under the Rules without selection by the Public service commission under Article 133(1) of the J. & K. Constitution.
Supreme Court of India Cites 18 - Cited by 255 - K Ramaswamy - Full Document

Dr. (Mrs.) Meera Massey Dr. Abha ... vs Dr. S.R. Mehrotra And Ors on 3 February, 1998

[i] Decision of the Supreme Court in Dr.(Mrs.) Meera Massey v. Dr. S.R.Mehrotra, reported in AIR 1998 SC 1153 was cited for the proposition that selection of teacher has not to be on minimum eligibility but best available from a larger sphere. The Court observed that the selection of teacher is not to be done from the sphere of ad hoc or stop-gap appointees. Such course will damage the standard of the University.
Supreme Court of India Cites 7 - Cited by 102 - Full Document
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