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2026 Supreme(Online)(CAT) 3900
CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, J, Ram Mohan Johri, Administrative Member
Suby Singh – Appellant
Versus
State of J&K – Respondent
T.A. No. 6541/2021
For the Appellants/Petitioners: Abhirash Sharma
For the Respondents: Sudesh Magotra, F.A. Natnoo
Recruitment to public offices must strictly adhere to the statutory rules framed by the Government; eligibility conditions prescribed therein cannot be challenged by those who did not participate in the selection process, nor can such rules be disregarded in favor of external regulations unless formally declared invalid.
Headnote:(A) Jammu and Kashmir Medical Education (Gazetted) Service Recruitment Rules, 1979 - Eligibility criteria for Assistant Professor/Lecturer - Validity of provisions - Non-recognition of experience during PG study - Applicants contended that state rules were ultra vires to Medical Council of India (MCI) Regulations, 1998, which allow PG experience as Junior Residency - Court held that recruitment must follow statutory rules specifically framed by state government - Unless rules are struck down by a competent court, authorities are bound by them - Public Service Commission is not empowered to alter prescribed recruitment rules. (Paras 14, 15, 16, 17)
(B) Recruitment process - Judicial review - Non-participation in selection process - Applicants did not apply for advertised posts - Settled law that those who do not participate in selection process cannot challenge its eligibility conditions. (Para 18)
Facts of the case:
Applicants challenged the J&K Medical Education Recruitment Rules, 1979, specifically Schedule II, alleging inconsistency with MCI Regulations, 1998. They argued that their PG studies should count as Junior Residency experience for the post of Assistant Professor. They sought to quash the PSC notification inviting applications for these posts.
Findings of Court:
The Tribunal observed that the recruitment process followed established state rules. The PSC acted as a recruiting agency within its mandate. Furthermore, since the applicants failed to participate in the advertisement process, they had no standing to challenge the criteria.
Issues: Whether state service rules can be held invalid based on MCI regulations and whether the recruitment process is challengeable by non-participants.
Ratio Decidendi: Recruitment must be conducted in strict accordance with valid statutory rules; administrative bodies cannot modify these rules, and non-participants cannot challenge the selection terms.
Result: Application dismissed.
| Table of Content |
|---|
| 1. overview of the petition, applicants' background, and relief sought against the j&k recruitment rules. (Para 1 , 2 , 3) |
| 2. respondent's objection regarding maintainability of the petition and the commission's role in the selection process. (Para 4) |
| 3. consolidated detailing of the applicants' challenge versus the respondents' defense on rule enforcement. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. court rules that recruitment must follow statutory rules and non-participants cannot challenge the selection process. (Para 14 , 15 , 16 , 17 , 18) |
| 5. conclusion that the recruitment was lawful and the application is dismissed. (Para 19 , 20) |
ORDER
Per: - Ram Mohan Johri, Administrative Member
1. The SWP No.595/2018 was transferred from the Hon’ble High Court
of Jammu & Kashmir at Jammu and was registered as T.A
No.6541/2021 by the Registry of this Tribunal.
2. The present matter was filed before the Hon’ble High Court seeking
following relief: -
“ (a) allow the present writ petition;
(b) declare Schedule-II attached to J&K Medical Education
(Gazetted) Service Recruitment Rules, 1979 as ultravires to the
Medical Council of India minimum qualification for teacher in
Medical Institution, Regulations, 1998, in so far as it requires
two years teaching experience as Registrar /Demonstrator as
the Minimum required experience and to the extent it provides
that the teaching experience, if any, gained before or during the
Post Graduation Studentship shall not be considered while
determining the eligibility for the post of Lecturer, whereas the
Regulations framed by Medical Council of India i.e. Medical
Council of India minimum qualifications for Teachers in
Medical Institutions Regulation, 1998 amended from time to
time require three years experience as a Junior Resident in
Recognized Medical College i.e. experience gained while
undergoing P.G. Course and one year experience as Senior
Resident i.e. experience gained while serving as Registrar
/Demonstrator, after completion of P.G. Degree Course i.e.
MD/ MS;
(c) quash Notification No. 01-PSC (DR-P) of 2018 dated
17.01.2018, whereby and whereunder applications have been
invited for the posting of Assistant Professor / Lecturers in
various Medical Colleges, to the extent it requires three years
teaching / research experience as Registrar / Demonstrator as
against the requirement of Medical Council of India
Regulations, 1998 which require three years experience as a
Junior Resident i.e. experience acquired during Post
Graduation and only one year experience as Senior Resident
acquired after completing P.G. Degree i.e. MD/MS;
d) command and direct the respondents to treat the petitioner
eligible for the post of Lecturer / Assistant Professor in their
respective disciplines Pathology, Surgery and Radio Diagnosis
advertised vide Advertisement Notification No. 01-PSC (DR-P)
of 2018 dated 17.01.2018, inasmuch as, the petitioners possess
three years experience of Junior Residency i.e. experience
obtained during P.G. Degree Course and apart from that one
year experience as Senior Resident i.e. as Registrar /
Demonstrator obtained after completing P.G. Medical Degree
i.e. MD/MS and consequently entertain the application forms of
the petitioners for the post of Lecturers / Assistant Professors in
their respective disciplines i.e. Pathology, Surgery and Radio
Diagnosis, pursuant to Advertisement Notification No. 01-PSC
(DR-P) of 2018 dated 17.01.2018 and to allow the petitioners
to participate in the selection process;
(e) ANY other writ, order or direction which this Hon'ble Court
may deem fit or proper in the facts and circumstances of the
case.
3. The facts of the case as pleaded by the petitioners in their pleadings
are as follows: -
a) The present Transfer Application arises out of SWP No.
595/2018 which was originally filed before the High Court of
Jammu and Kashmir at Jammu
