CASE NO.:
Appeal (civil) 4724 of 1995
PETITIONER:
KASHINATH NAGAYYA IBATTE
RESPONDENT:
STATE OF MAHARASHTRA AND ORS.
DATE OF JUDGMENT: 31/03/1995
BENCH:
K. RAMASWAMY & N. VENKATACHALA
JUDGMENT:
1995 (3) SCR 115
The following Order of the Court was delivered:
Leave granted. We have heard counsel on both sides.
The appellant being a Scheduled Tribe candidate was appointed initially in
1981 to a vacancy reserved for the Scheduled Tribes and thereafter he had
been continuously working as a Lecturer till 1993. It is also on record
that he is a specialist in Anatomy and Surgery. As regards his
qualifications and eligibility and experience to hold the post, the
Government has not, in fairness, disputed. The only dispute is whether he
could be allowed to continue in service, when candidates selected and
appointed by the Public Service Commission (PSC) are available for
appointment?
It is settled law that temporary candidates working on ad hoc basis have to
give place to the candidates selected by the PSC and appointed by the
Government, in accordance with rules. It is not in dispute that the
appellant appeared for selection in three vacancies reserved for Scheduled
Tribes but he was not among three candidates selected. The respondents who
are appointed in the vacancies are the candidates selected by the PSC and
recommended for appointment. The Government has appointed them on a regular
basis. Under those circumstances, the appellant has to give place to the
candidates regularly selected and appointed.
It is, however, not in dispute that at present, there are 22 vacancies
existing which are yet to be filled in. Under these circumstances, it would
be open to the Government to consider the case of the appellant and take
the service of the appellant who had put in more than 12 years of service
in one of the unfilled posts, of course, subject to the selection by the
PSC. By the date of selection, if he becomes barred by age, the Government
is directed to suitably relax his age and consider him for appointment
according to rules.
The appeal is accordingly disposed of. No costs.