Supreme Court of India · 1991-08-20
STATE OF SIKKIM vs DORJEE TSHERING BHUTIA AND ORS.
- Citation / case number
- SC 1985/67094
- Court
- Supreme Court of India
- Petitioner
- STATE OF SIKKIM
- Respondent
- DORJEE TSHERING BHUTIA AND ORS.
- Author
- KULDIP SINGH
- Bench
- KULDIP SINGH
Judgment text excerpt
The Supreme Court held that the Sikkim State Government was justified in issuing a notification for special recruitment under the Sikkim State Civil Service Rules, 1977, despite the absence of the Public Service Commission, as it exercised its executive power under Article 162 of the Constitution of India. The Court found that the requisite conditions for issuing the notification were satisfied, rejecting the High Court's ruling that the notification was illegal due to excessive delegation and lack of consultation. The Court allowed the appeals, thereby upholding the validity of the selection process and appointments made under the notification.