Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Appointment Service Law Post of Principal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Appointment – Post of Principal – On facts, respondent no. 1 applied for the post of principal along with appellant nos. 1 to 7 – However, only appellants declared successful – Writ petition by respondent no. 1 seeking declaration that Ph.D. is an essential qualification for post of principal at the Polytechnic colleges; sought quashing of the promotion order since none of the appellants possessed Ph.D. qualifications as also quashing of 2014 Rules – Allowed by the High Court – On appeal, held: As regards the Ph.D. qualifications, there is no inclination to read down the rules to omit the ‘in Engineering’ part and only selectively insist upon a ‘Ph.D’ – Hence, the only permissible way to read the AICTE criteria would be to lay emphasis on the phrase “or” and thus, interpret ‘Ph.D in Engineering’ as being discretionary upon the adopting institution/ State Government to specify either of the two criteria – Conclusion by the High Court that as 2016 AICTE Notification was clarificatory, it was applicable restrospectively which would remove any ambiguity created by the AICTE Regulations is erroneous – Except for the title, nothing contained therein indicates that the 2016 AICTE Notification was clarificatory in nature – Hence, in the absence of any omission in the 2010 AICTE Regulations, the 2016 AICTE Notification despite being generally clarificatory must be held to have reiterated the existing position of law – There is no retrospective alteration in the qualification prescribed for the post of Principal – Appellants do not possess Ph.D., however, they satisfied the requirement of having fifteen years’ experience (of which at least three years was as HOD) under the 2014 Chhattisgarh Rules and were found suitable for promotion – They were also in possession of one of the eligibility criteria prescribed under the 2010 AICTE Regulations – Thus, the appellants’ appointments ought to remain undisturbed – Judgment of the High Court is set aside – Pay Scales, Service conditions and Qualifications for the Teachers and other Academic Staff in Technical Institutions (Diploma) Regulations, 2010 – ‘Chhattisgarh Technical Education (Teaching cadre Polytechnic) (Gazetted) Service Recruitment Rules, 2014.Appointment – Illegal appointment from inception – Effect of – Held: An appointment which is erroneous or illegal from the very inception does not clothe the appointee with any indefeasible right and such appointment is always subject to correctional decisions – Appointment of a candidate who has erroneously secured public employment without fulfillment of minimum qualifications can always be annulled upon discovery of mistake.Legislation: Clarificatory’ legislations – Connotation of – Held: Clarificatory’ legislations are an exception to the general rule of presuming prospective application of laws, unless given retrospective effect either expressly or by necessary implication – In order to attract this exception, mere mention in the title or in any provision that the legislation is ‘clarificatory’ would not suffice – Instead, it must substantively be proved that the law was in fact ‘clarificatory’ – If there exists no ambiguity, there arises no question of making use of a clarificatory notification. |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai Honble Mr. Justice Sharad Arvind Bobde Hon'ble Mr. Justice Surya Kant |
Neutral Citation | 2020 INSC 202 |
Petitioner | Gelus Ram Sahu And Others |
Respondent | Dr. Surendra Kumar Singh And Others |
SCR | [2020] 4 S.C.R. 764 |
Judgement Date | 2020-02-18 |
Case Number | 1667 |
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