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PETITIONER: UNION OF INDIA ORS.

       Vs.

RESPONDENT: HARISH BHIKRISHNA MAHAJAN

DATE OF JUDGMENT:       23/10/1996

BENCH: K. RAMASWAMY, G.B. PATTANAIK

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.      The respondent  was temporarily  appointed as a Medical Officer on  monthly basis  in the  Central Government Health Scheme on  August 10,1982.  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. 701/89. 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 Commision. Thus, this appeal by special leave.      The controversy  is no  longer longer  res integra.  In similar circumstances,  this Court had considered the entire controversy in J & K Public Service Commission & Ors. vs Dr. Narinder Mohan  & Ors.  [ (1994) 2 SCC 630]. Abmittedly, the post 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 statutory rules  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   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  of Article 320 of  the Constitution.      The learned  counsel for  the respondent seeks to place reliance on  the directions issued by this Court in Jacob M. Puthuparambil vs.  Kerala Water  Authority [(1987) Supp, SCC 497]. It  is seen  that the  Public Service  Commission  was required to  recruit  the  candidates  and,  therefore,  the additional  Medical   Officers  wording   in   the   Railway Department  in   the  latter   case  were   directed  to  be regularised in  consultation with  the Union  Public Service

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Commission, It  would be  seen that when the recruitment was to be  made in  accordance with  the procedure prescribed by the Public  Service Commission  in terms  of  the  statutory Rules  made   under  Article   320  of   the   Constitution, necessarily the  recruitment is  required to be made in that manner and in no other manner. Therefore, this Court did not intend to  by-pass the  above procedure in regularisation of their  services.   This  Court,  in  similar  circumstances, considered the same question in Union of India & Ors, vs. Dr Arun Kumar Sharma [CA No, 4876/94].      In that  view, the  appeal is allowed. The order of the Tribunal  stands   set  aside,  It  would  be  open  to  the respondent to  apply for  selection. In case he is barred by age, it is needless to mention that the Union of India would consider necessary  relaxation of  the age  to the extent of the period of service he has rendered on temporary basis, No costs.