Govt Can’t Supersede Statutory Rules By Administrative Orders, May Fill Gaps With Consistent Instructions

Case: Arshid Ahmad Lone v. State of J&K & Ors.

Coram: Justice MA Chawdhry

Case No.: SWP No. 44/2014

Court Observation: “This court is of the opinion that the Government instruction/guidelines of the case in hand are at variance the provisions incorporated in the recruitment rules which have to be followed. In Annexure-A as schedule in terms of clause 5 of the aforesaid rules, the requisite qualification of the Lab Assistant has been provided by direct recruitment with qualification of Matric and diploma in Medical Assistant Training Course from SMF or any other recognized Institute. The petitioner admittedly was having qualification of Matric and had a diploma from the Institute of Public Health and Hygiene Delhi.”

“The Health and Medical (Subordinate) Service Recruitment Rules 1992 are statutory and framed under the provisions of the Constitution of India. This court is of the opinion that the Government instruction/guidelines of the case in hand are at variance the provisions incorporated in the recruitment rules which have to be followed.”

“Petitioner in view of the fact that he had the requisite qualification of Matriculation and a diploma in Medical Laboratory Technology from a recognized institute was eligible to apply and be considered for appointment to the post of Medical Assistant, to which he had been appointed. The official respondents, de-hors the Rules of 1992 applicable to the case on hand, could not have altered the requisite qualification of Matriculate to 10+2 (Science) by administrative instructions and by doing so they have done violation to the Health and Medical (Subordinate) Service Recruitment Rules 1992, governing the subject in view of the law laid down by the Hon’ble Apex Court discussed hereinabove. Since the petitioner being more meritorious has already been selected against the post of Lab Assistant and appointed, as such, he has right to continue on that post,”

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Keywords

Supersede Statutory Rules, Administrative Orders, Consistent Instructions