Full Bench Examines Legacy of Unadvertised Government Appointments While Resolving Legal Dispute Over Regularisation of Ad Hoc Employees
Srinagar, September 5:
The Jammu and Kashmir High Court has made strong observations on the longstanding practice of backdoor appointments in government services, noting that successive governments in the erstwhile State of Jammu and Kashmir had allegedly facilitated appointments without following prescribed procedures of advertisement and selection.
The observations were made by a Full Bench comprising Acting Chief Justice Sanjeev Kumar, Justice Sanjay Dhar and Justice Mohd. Yousuf Wani, constituted to settle conflicting judgments of Division Benches concerning the interpretation of Section 5 of the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010.
The larger Bench was called upon to resolve a significant legal controversy concerning the regularisation of employees appointed on ad hoc, contractual and consolidated-pay arrangements.
During its examination of the matter, the Full Bench took note of the history of appointments made outside the regular recruitment process and expressed serious concern over the manner in which government employment had, over the years, allegedly been distributed without adherence to established recruitment norms.
The Court observed, in substance, that “men in power picked persons of their choice,” reflecting the serious concerns raised over appointments made without open advertisement or a transparent selection mechanism.
The Bench noted that the practice was not confined to isolated instances but had continued across successive governments, resulting in the appointment of thousands of individuals through arrangements that allegedly bypassed the normal recruitment process.
The Court’s observations come against the backdrop of repeated legal and administrative efforts to address the status of employees who had entered government service through ad hoc, contractual or other temporary arrangements and subsequently sought regularisation.
At the centre of the controversy is Section 5 of the J&K Civil Services (Special Provisions) Act, 2010, whose interpretation had resulted in differing views among Division Benches of the High Court. The Full Bench was therefore tasked with providing an authoritative interpretation and settling the conflicting legal positions.
The proceedings also brought into focus the distinction between employees appointed through a lawful and sanctioned process and those who may have entered government service without undergoing the competitive recruitment process mandated for public employment.
The High Court’s observations underline the constitutional requirement that appointments to public posts must ordinarily be made through a fair, transparent and non-discriminatory recruitment process, providing eligible candidates an equal opportunity to compete.
The matter assumes particular significance given the large number of employees whose service status has been linked to successive regularisation policies introduced by governments over the years.
The Full Bench’s ruling is consequently expected to have wider implications for the legal framework governing ad hoc, contractual and consolidated employees and the extent to which such appointments can be regularised under the 2010 legislation.
The Court’s detailed examination also highlights the enduring administrative and legal consequences of recruitment practices followed in the erstwhile State, particularly where appointments were allegedly made without advertisement or a formal selection process.
The judgment seeks to bring clarity to the interpretation of the statutory provisions governing regularisation while simultaneously addressing the broader issue of backdoor entry into government service and the principles governing public appointments.(KNC)