R K RAINA Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner is an aspirant for the post of Principal Medical College. His short grievance, projected by him in this petition, is that the selection was being made to the post of Principal of the State Medical Colleges in violation of Regulation 8 of the J&K Medical Education (Gazetted) Service Recuirement Rules 1979 (SRO517). Alternatively it is prayed that in the event of selections being found in order, State -respondent be directed to consider the petitioner also for the said post.

(2.) INTERPRETTING this rule Mr. Pandita submits that the selection for the post of the Principal was to be made by the Public Service Commission, or by a Department Promotion Committee, constituted by the Public Service Commission and that it cannot be made by a Selection Committee set up by the Government, without the consultation of the Public Service Commission or without its consent and approval.

(3.) STATE -respondent has filed objections contending, inter -alia, that Sec.133 of the State Constitution empowered the Government to make regulations, specifying the matters in which the consultation of the Public Service Commission, can be dispensed with. In exercise of this power, and as per the proviso appended to Sec. 133, J&K Public Service Commission {Limitation of functions) Regulations, 1957 had been framed, clause (4) whereof provided that it shall not be necessary for the Commission to be consulted in respect of any of the matters mentioned in clause (a) & (b) of Sub -Sec.2 of Sec. 133 of the Constitution. The Schedule appended to these Regulations exempts certain categories of posts in which consultation of the Public Service Commission is not required and for which the State -respondent is competent to make selection by constituting its own selection committees.