INDER PARKASH GUPTA versus STATE OF JAMMU & KASHMIR AND ORS.

Citation: [2004] SUPP. 1 S.C.R. 453 · Decided: 20-04-2004 · Supreme Court of India · Bench: V.N. KHARE · Disposal: Disposed off

Judgment (excerpt)

INDER PARKASH GUPTA 
A 
v. 
ST A TE OF JAMMU & KASHMIR AND ORS. 
APRIL 20, 2004 
[V.N. KHARE, CJ., S.B. SINHA AND S.H. KAPADIA, JJ.] 
B 
Service Law: 
Jammu & Kashmir Medical Education (Gazetted) Services Recruitment C 
Rules, 1979: 
Nature of-Held: The Rules were framed under S. 124 of the J & K 
Constitution, which corresponds to Art. 309 of the Constitution af India--
The said Rules are, therefore, statutory in nature-The Public Service 
Commission must scrupulously follow these Rules while making the selection D 
process-The Commission must lay down the procedure strictly in consonance 
with the statutory Rules-Therefore, it cannot take any action which violates 
the.statutory Rules or make the same inoperative-The Commission, therefore, 
cannot fix any cut-off marks even for short listing the candidates-] & K 
Constitution Ss. 124 and 133. 
J & K Public Service Commission (Business & Procedure) Rules, 1980: 
Recruitment-Selection-Lecturers in medicine-Viva voce-100 marks 
allotted for-Validity of-Held: ls a clear breach of R. 8 of the 1971J Rules, 
which is statutory in nature. 
Recruitment-Selection-Lecturers in medicine-Viva voce-100 marks 
allotted for-Effect of-Held: No hard-and-fast rule of universal application 
can be laid down for allocation of marks for viva voce-However, when such 
allocation is capable of being abused or misused in its exercise it is liable 
to be struck down being violative of Art. 14-Direction issued to recast the 
E 
E 
Rules. 
G 
Rule 51-Selection-Lecturers in medicine-Public Service Commission 
allotted marks for games/sports and NCC achievements-JOO marks also 
allotted for viva voce-But such a/location not stipulated under statutory 
453 
H 
454 
SUPREME COURT REPORTS [2004) SUPP. I S.C.R. 
A Rules-One candidate was awarded minimum marks, whereas some other 
candidates were awarded higher marks although they did not even fulfil the 
requisite criteria-Validity of-Held: Under such circumstances the said 
candidate entitled to be placed above the other candidates in the select list 
and also entitled to all consequential service benefits. 
B 
Constitution of India, 1950: 
Article I 36-Jurisdiction-Exercise of-Held: In a given case, with a 
view to doing complete justice between the parties, the Supreme Court may 
not exercise its jurisdiction-Practice and Procedure. 
C 
Words & Phrases: 
"Post"-Meaning of-Jn the context of R. 51-B of the J & K Public 
Service Commission (Business & Procedure) Rules, 1980 . 
• 
Respondents 3 to 10 were appointed as Lecturers in the Medical 
D Education Department of the State in accordance with Rule 51 of the J & K 
Public Service Commission (Business & Procedure) Rules, 1980. The 
appellant was placed at SI. No. 13 in the sele<:l list. 
Questioning the validity of Rule 51 of the 1980 Rules and consequently 
the selection and appointment of respondents 3 to 10, the appellant filed a 
E writ petition before the High Court, inter alia, contending therein that 
respondents Nos. 3, 6 and 9 were not eligible to be considered for appointment 
to the said posts as they did not possess the requisite experience of two years 
as Registrarffutor; that respondent No. 10 at that time was overaged; that 
the appellant's research work, experience and publications had not been· taken 
F into consideration by the Commission; that, in particular, the appellant;s 
higher qualification ofD.M. had not been given due weightage; and that 100 
marks earmarked for viva voce in Rule 51 were unreasonable and excessive. 
The High Court decided in favour of the appellant but refused to set 
aside the entire selection on the premise that the same had been made long 
G ago and one of the respondents had been promoted and proceeded to dispose 
of the writ petition with certain directions. Hence the appeal. 
H 
On behalf of the appellant, it was contended that Rule 51 of the 1980 
Rules framed by the Public Service Commission was not statutory in nature; 
that the Commission ought to have applied the Jammu & Kashmir Medical 
' 
I.P. GUPTA v. STATE 
455 
Education (Gazetted) Services Recruitment Rules, 1979, which were statutory A 
in nature; and that the 1980 Rules violated Section 133 of the J & K 
Constitution which was in pari materia with Article 309 of the Constitution 
oflndia. 
Disposing of the appeal, the Court 
HELD: 1. The Jammu & Kashmir Medical Education (Guetted) Services 
Recruitment Rules, 1979 admittedly were issued under Section 124 of the 
B 
J & K Constitution,

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