U D LAMA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Leave granted.

(2.) This case has a long history. The dispute started when the Sikkim State Civil Service (hereinafter called "the Service") was constituted with effect from 1/7/1977 by rules framed under Article 309 of the Constitution of India, called Sikkim State Civil Service Rules, 1977 (hereinafter described as "the Rules"). It provided that the persons holding posts mentioned therein would be deemed to be members of the Service on the enforcement of the Rules. Rule 4 is important for the purpose of this case and provided for the method of recruitment to the Service:

(3.) Rule 5 provided for constitution of a Selection Committee consisting of Chairman, Sikkim public service commission, and three other officers, to make recruitment under Rule 4 (l) (b). Under Rule 6, the merit list prepared by the Selection Committee was to be forwarded to the Sikkim Public 9 Service Commission for its final approval. Rule 8 laid down that the competitive examination for recruitment to the Service was to be conducted by the Sikkim public service commission. Rules 9, 10 and 11 provided for eligibility and other qualifications for admission to the competitive examination. Rule 12 stated that the decision of the Commission as to the eligibility or otherwise of a candidate for admission to the competitive examination shall be final.