Research › Browse › Judgment

Supreme Court of India · body

1999 DIGILAW 1208 (SC)

L. Raichandra Singh v. Ningthoujam R. Devi

1999-10-01

G.B.PATTANAIK, UMESH C.BANERJEE

body1999
(1) PERMISSION to file SLP allowed. (2) LEAVE granted. (3) THIS bunch of appeals is directed against the judgment of the Gauhati High Court. By the impugned judgment, the High Court has set aside the regularisation of the ad hoc Medical Officers and Dental Surgeons in the State of Manipur. While these appeals were pending in this Court, the Health Services Rules, 1982 had been amended giving them retrospective effect with effect from 19-8-1998 on which date the earlier memorandum dated 19-8-1998 had been issued obviating the consultation with the Public Service Commission under Article 320 in respect of appointment. By virtue of the impugned amendment to the Health Services Rules the services of these doctors have been said to be regularised, notwithstanding the judgment of the Gauhati High Court. We are not expressing any opinion on the legality of the aforesaid amended provision of the rules, but in view of the said rules the impugned direction of the Gauhati High Court cannot be sustained. We also noticed from the affidavit filed on behalf of the State of Manipur that so far as the advertisement that was issued on 14-7-1997 indicating the number of vacancies in Manipur Health Service Grade IV is concerned, all those posts advertised will be filled only by the persons who have appeared before the Public Service Commission, the results of which have not been declared because of the interim direction of this Court in some other cases. In view of the aforesaid statement of the State of Manipur, the private respondents, who claim to be the applicants before the Public Service Commission, Manipur cannot possibly have any grievance inasmuch as the Government itself had undertaken that there will be no difficulty in appointing all the persons in respect of which the advertisement had been issued as there has been an increase in the cadre in the meanwhile. In this view of the matter, without expressing any opinion on the legality of the amended provision of the rules, we set aside the impugned judgment of the Gauhati High Court and these ad hoc doctors can be regularised in accordance with the amended provision of the rules, if they come within the purview of the said rules. According to the counsel for these doctors, regularisation has already been made. According to the counsel for these doctors, regularisation has already been made. We make it clear that if any person is aggrieved by the amended provision of the rules, it is open to him to challenge the legality of the same in the High Court, and on such challenge being made, the High Court will examine the validity of the rules on its own, since we are not expressing any opinion on the same. The State will take appropriate action in accordance with the amended provision of the rules. (4) THE appeals are disposed of accordingly.