Full Judgment Text
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PETITIONER:
DR. P.N. DUBEY & ORS.
Vs.
RESPONDENT:
STATE OF MADHYA PRADESH
DATE OF JUDGMENT: 06/02/1997
BENCH:
K. RAMASWAMY, S. SAGHIR AHMAD
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
This appeal by special leave arises from the judgment
of the Madhya Pradesh High Court, Jabalpur Bench, made on
February 10, 1981 in Miscellaneous Petition No. 812/80. The
appellants were working as Veterinary Assistant Surgeons in
the Madhya Pradesh Veterinary Services Gazetted. The Madhya
Pradesh Veterinary Services is governed by the rules called
Madhya Pradesh Services (Gazetted) Recruitment Rules, 1966.
The channel of recruitment to the post of Assistant Director
Veterinary Service was from two sources, namely, direct
recruitment and promotion in the proportion of one is to
one. An advertisement came to be made by the Madhya Pradesh
Public Service Commission of 28 posts of Assistant
Directors. The appellants had challenged the validity of the
Notification and selection on the ground that the Government
had, by then decided, to provide recruitment to the post of
Assistant Directors by promotion with 100% from the feeder
cadre, namely, Veterinary Assistant Surgeon. It is found, as
a fact, by the High Court that as on the date of the
notification, the rules were not amended. Unamended Rules
provide that the recruitment was to be made from two
sources, namely, direct recruitment and by promotion at a
ratio of one is to one. Consequently, the advertisement for
recruitment of Assistant and by promotion at a ratio of one
is to one. Consequently, the advertisement for recruitment
of Assistant Directors by the Public Service Commission and
Selection and appointment of the challenged in this appeal.
It is seen that undoubtedly though decision was taken by the
Government, the Rules have not been amended. Therefore, the
advertisement made for recruitment of fill up the posts of
Assistant Directors, by direct recruitment and consequential
selection as per the unamended Rules for the 50% of the
vacancies earmarked for direct recruitment was in accordance
with the aforesaid Rules. As a consequence, the view taken
by the High Court is consistent with the Rules. We do not
find any illegality warranting interference.
The appeal is accordingly dismissed. No costs.