UNION OF INDIA Vs. HARISH BALKRISHNA MAHAJAN

JUDGEMENT

(1.) Leave granted.

(2.) The respondent was temporarily appointed as a Medical Officer on monthly basis in the central government Health Scheme on 10/8/1982. During the unfortunate strike of the doctors as trade unionists, unmindful of the ethical and medical code of conduct, he was appointed and even continued in the service till August 1987. When his services were terminated, he had gone to the tribunal and filed OA No. 701 of 1989. The tribunal in the impugned order dated 21/12/1994 directed the appellants to regularise the service of the respondent in consultation with the public service commission. Thus, this appeal by special leave.

(3.) The controversy is no longer res integra. In similar circumstances, this court had considered the entire controversy in Jandk public service commission v. Dr Narinder Mohan. Admittedly, the posts of doctors in the central government Health Scheme are required to be filled up by recruitment through Union public service commission. Therefore, the direction to consider the case of the respondent in consultation with the public service commission for regularisation is in violation of the statutoryrules and Article 320 of the Constitution of India. The only course known to law is that the Union of India shall be required to notify the recruitment to the public service commission and the Union public service commission shall conduct the examination inviting the applications from all the eligible persons including the persons like the respondents. It would be for the respondent to apply for and seek selection in accordance with Rules. Therefore, the direction is in violation of Article 320 of the Constitution.