STATE OF SIKKIM Vs. DORJEE TSHERING BHUTIA

JUDGEMENT

(1.) THE Sikkim State Civil Service (hereinafter called the'Service') was constituted with effect from 1/07/1977 by the rules, framed under Art. 309 of the Constitution of India, called the Sikkim State Civil Service Rules, 1977 (hereinafter called the 'Rules'). THE question for our consideration in these appeals is whether the special recruitment made by the State Government in the year 1981/ 82 and the consequent appointment of 29 officers to the services is violative of the rules and as such is liable to be quashed.

(2.) THE Sikkim Government by a notification dated 16/09/1981 decided to make special recruitment to the service on the basis of written examination-cum-viva voce test. THE notification mentioned 'exigencies of service'as a ground for holding the special recruitment. As a result of the selection, 29 officers were appointed to the services by an order dated 13/12/1982.

(3.) RULE 5 provides for the Constitution of a Selection Committee, consisting of Chairman, Sikkim Public Service Commission and three other officers, to make recruitment under R. 4(1)(b). Under RULE 6 the merit list prepared by the Selection Committee is to be forwarded to the Sikkim Public Service Commission for its final approval, RULE 8 lays down that the competitive examination for recruitment to the service is to be conducted by the Sikkim Public Service Commission. RULEs 9, 10 and 11 provide for eligibility and other qualifications for admission to the competitive examination. R. 12 states that the decision of the Commission is to the eligibility or otherwise of a candidate for admission to the competitive examination shall be final.