ASHOK KUMAR UPPAL AND ORS. versus STATE OF J&K AND ORS.

Citation: [1998] 1 S.C.R. 164 · Decided: 14-01-1998 · Supreme Court of India · Bench: S. SAGHIR AHMAD

Judgment (excerpt)

A 
ASHOK KUMAR UPPAL AND ORS. 
v. 
STATE OF J&K AND ORS. 
JANUARY 14, 1998 
B 
[S. SAGHIR AHMAD, D.P. WADHWA, JJ.] 
Service Law : 
J. & K. Secretariat (Subordinate} Services Recruitment Rules, 1972-
C Rules 5(J}(B}, Substituted by SRO 76 read with SRO 177-Promotion-Power 
a/Government to relax standard prescribed for promotion-Validity-Candidates 
nearest to prescribed standard and topping merit list were promoted by 
relaxing standard prescribed for promotion-Relaxation of Rules made to 
obviate genuine hardships caused to class of employees-Held, act of the 
D Government neither arbitrary nor capricious-Hence, promotion by relaxing 
rules is proper-J. & K. Civil Services (Decentralisation of and Recruitment 
to Non-Gazetted Cadres} Rules, 1969, Rules 1 (2), 14-Constitution of Jammu 
and Kash1~ir, proviso to Sec. 124-Constitution of India, Art. 309 
The appellants and respondents no. 2 to 7 were permanent Junior 
E Scale Stenographers in Government Departments. Vacancies were available 
in the cadre of Senior Stenographer. For the selection of suitable candidates 
for such appointments a test was contemplated under J. & K. Secretariat 
(Subordinate) Services Recruitment Rules, 1972. The test was conducted by 
the Recruitment Board constituted under the Rules. Only six candidates 
F 
however qualified the test and were recommended for appointment. Since the 
vacancies were still available the Board suggested 26 more candidates whose 
performance were found to be nearest to the prescribed standard for their 
appointment as Senior Scale Stenographer by relaxing the standard 
prescribed under the Rules. 
G 
The State Government although appointed the six persons, took no 
decision with regard to those 26 candidates. Those candidates filed a Writ 
Petition, praying for direction to the State Government for their appointment. 
The High Court dismissed the writ petition with the obseri'ation that the 
Government can reject the recommendation of the Recruitment Board for 
the reasons to be recorded otherwise if the appointments are made, the select 
H list in accordance with the rules should be adhered to; 
164 
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A.K. UPPAL v. STATE OF J& K 
165 
The State Government in the meanwhile amended the rule and made A 
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promotion on the posts of Senior Scale stenographer on the basis of seniority, 
but promotion in this manner could be made only if there are more vacancies 
then the name recommended hy the State Recruitment Board, with the result 
that additional vacancies after accommodating those who had qualified in the 
test, could be filled up on the basis of seniority alone. The amended rule was B 
._,,._ 
given retrospective effect from 4-12-84 . 
Five of the 26 candidates made a representation to the State Government 
and on their representation they were promoted to the post of Senior Scale 
Stenographer by the State Government by relaxing the Rules vide its order 
dated 19th December 1986. 
c 
The retrospective effect of the amended rule and the promotion of the 
five candidates were challenged in Writ Petitions. The Writ Petition 
challenging the retrospective effect of the amended rule was dismissed on 
_.._ 
the ground that the Government could exercise such power, conferred upon D 
it by the virtue of Proviso to Section 124 of the Constitution of Jam mu and 
Kashmir . 
.... 
The writ petition challenging the appointment of the 5 persons was 
allowed and the appointment by relaxing the rules was set aside on the 
finding that such a recommendation could not have been legally made by the E 
State Recruitment Board nor could those persons be treated as persons 
selected for appointment, the Government had no power to relax the prescribed 
standard particularly as no Rule, empowered the State Government to relax 
the prescribed standard. The Letter Patent Appeal against the order was 
dismissed in Iimine. Hence, this appeal. 
F 
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Allowing the appeal, this Court 
HELD: 1.1. Power to relax the Recruitment Rules or any other Rule 
made by the State Government, under Art. 309 of the Consiitution of which 
the corresponding provision is contained in Sec. 124 of the Constitution of G 
Jammu and Kashmir, is conferred upon the Government to meet any emergent 
--.: 
situation where injustice might have been caused or is likely to be caused 
to any individual employee or class of employees or where the working of 
the Rule might have become impossible. Under service jurisprudence as also 
the Administrative Law, such 

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