Regularization of state govt. jobs.
JAYANTA KUMAR DAS
(Querist) 28 January 2014
This query is : Resolved
Respected Sirs / Madams,
Recently West Bengal State Govt. has regularized the jobs of the Contractual Dental Doctors by Cabinet Ministry's Decision. Normally recruitment is done in these permanent posts through State Public Service Commission.
The said Contractual Dental Doctors were recruited as Contractual by an interview committee other than State Public Service Commission. The State Cabinet Ministry took the decision of regularizing their services after 01/02 years as contractual. The matter is already materialized.
My query is - Is it fully legal ?
Isaac Gabriel
(Expert) 28 January 2014
Yes.It is the prorogative of the Government to regularise the temporary Gvernment employees.
Sudhir Kumar, Advocate
(Expert) 28 January 2014
What do the recruitment rules for the post indicate regarding selection process?
whether selection process has not taken place?
If selection process has been obviated the you need to refer to decision as under
Supreme Court of India
Secretary, State Of Karnataka And ... vs Umadevi And Others on 10 April, 2006
Author: P Balasubramanyan
Bench: Y S Mathur, C Thakker, P Balasubramanyan
CASE NO.:
Appeal (civil) 3595-3612 of 1999
PETITIONER:
Secretary, State of Karnataka and others
RESPONDENT:
Umadevi and others
DATE OF JUDGMENT: 10/04/2006
BENCH:
Y.K. SABHARWAL ARUN KUMAR G.P. MATHUR, C.K. THAKKER & P.K. BALASUBRAMANYAN
JUDGMENT:
J U D G M E N T
WITH
CIVIL APPEAL NO.1861-2063/2001, 3849/2001,
3520-3524/2002 and CIVIL APPEAL NO. 1968 of 2006
arising out of SLP(C)9103-9105 OF 2001
Advocate. Arunagiri
(Expert) 28 January 2014
It is a policy decision of the Govt. At the same time they have to follow the reservation rules.
JAYANTA KUMAR DAS
(Querist) 29 January 2014
Respected Sudhir Kumar,
According to your query -
Q1. What do the recruitment rules for the
post indicate regarding selection
process?
Ans. The educational qualification for the post is 1st Class BDS. Everybody possess this qualification. Permanent Dental Doctors are normally recruited through State Public Service Commission.
Q2. Whether selection process has not taken
place?
Ans. A selection process was followed at the time of the recruitment as Contractual (renewable after every 6 months) Dental Doctors including open advt. in the 1st class daily newspapers, but not through State Public Service Commission. After the decision to regularize those Contractual Dental Doctors by the State Cabinet Ministry, no selection process performed. Straight away all those were regularised.
Please express your valued expert-opinion.
Thanking you,
Yours faithfully,
JAYANTA KUMAR DAS.
Sudhir Kumar, Advocate
(Expert) 29 January 2014
you said that
"The educational qualification for the post is 1st Class BDS. Everybody possess this qualification. Permanent Dental Doctors are normally recruited through State Public Service Commission."
you also sadi that
"A selection process was followed at the time of the recruitment as Contractual (renewable after every 6 months) Dental Doctors including open advt. in the 1st class daily newspapers, but not through State Public Service Commission. After the decision to regularize those Contractual Dental Doctors by the State Cabinet Ministry, no selection process performed. Straight away all those were regularised."
So read the aforesid judgement, which provides ban on backdoor entry.
