350/GEN EST dated February 3, 1978 shall be eligible to appear at the written examination cum viva voce test.
The method of selection provided under the numberification being companytrary to the statutory rules was bad in law.
Under the circumstances, on 10th August, 1981, a Government decision was taken to induct officers who were already working in the Government into the Service by way of selection.
One of the unsuccessful candidates.
A large number of person applied, on the basis of the written examination as well as viva voce test, a merit list was prepared which was sent to the Sikkim Public Service Commission which had by that time been companystituted.
A numberification was issued on 16th September, 1981 to the following effect NOTIFICATION In pursuance of sub rule 3 of Rule 4 of the Sikkim State Civil Service Rules, 1977, the government being of opinion that the exigencies of the service so require, hereby adopts the method of written examination cum viva voce test as a method of recruitment to the service for that purpose companystitutes a Selection Committee and prescribes the companyditions of eligibility and regulation of seniority among the selected officers Officers eligible to appear at the written examination cum viva voce test.
After obtaining its approval, 29 officers were appointed to the Service by numberification dated 13th December, 1982.
The result being that from 1st July, 1977 till 11th January, 1982 Public Service Commission in the State had numberbeen companystituted and as such was number functioning.
It was only on 20th November, 1981 a Chairman was appointed who assumed office on 11th January, 1982.
The High Court upheld the companytentions of the writ petitioner and the matter ultimately came to this Court on appeal.
A decision was taken to hold a written examination and viva voce test for selection to the Service.
Even while the writ petition filed by Dorjee Bhutia was pending in appeal in this Court, a representation was made by the Sikkim Government General Officers Association on 27th March, 1989 to the State Government for induction of the officers belonging to their Association who were number inducted earlier into the Service.
When the Rules came into force on 1st July 1977, there was numberPublic Service Commission in the State.
Dorjee Bhutia Challenged the initial numberification issued on 13th September, 1981 and the selection by a writ petition before the Sikkim High Court on the following grounds The exercise of power, in issuing the impugned numberification under Rule 4 3 of the Rules was illegal as the requisite companyditions namely the existence of exigencies of service and companysultation with the Public Service Commission, were number satisfied.
This case has a long history.
J. Leave granted.
