Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Himachal Pradesh University Act 1973: Ordinances 35.8 Himachal Pradesh University Statutes: Statute 11 35.11 and 35.53 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Research Associates or Evaluators-Working since long period Regularisation of services-Adoption of special stipulations conditionsContrary to statutory provisions-Validity of-Held, appointments on the principle of equity, justice and fair play by adhering to special stipulations conditions deprecated-Posts to be filled up in accordance with law strictly on merit-However, since the appointments had been approved by Executive Council long back and appellants being fully qualified, their appointments are left undisturbed with the observation that the same should not be treated as precedent-First Ordinance of Himachal Pradesh University Act, 1973: Ordinances 35.8, 35.11 and 35.53-Himachal Pradesh University Statutes-Statute 11. Ad hoc appointments-Propriety of-Adhocism in all classes of service F especially in case of appointment of teachers, Readers and Professors deprecated.Constitution of India, 1950: Articles 226 and 32-PIL-Maintainability of. Appellants were working as Research Associates or Evaluators. The Executive Council by its resolution declared the said cadres to be wasting/ vanishing cadres. Since the appellants were working for a long time on the said post, the Executive Council decided to regularise their services as Lecturers after they underwent the selection by Statutory Selection Committee. Appellants appeared before the Selection Committee and on its recommendations were appointed to the post of Lecturers. Respondent No.1, a Professor challenged their appointments on the ground that it was contrary to the Resolution of the Executive Council and also against the First Ordinance of Himachal Pradesh University Act, 1973. The University filed a counter affidavit stating that since the appellants were working as Research Associates or Evaluators for a long time, on the principle of equity, justice and fair play, the Executive Council took the decision to regularise their appointments as Lecturers on special stipulations conditions. High Court quashed the appointment of appellants holding that it was in violation of ordinance 35.11. The review petition filed by the University and the appellants were dismissed. Hence, the present appeals. The contention of the appellants was that the respondent has no locus standi to file the said writ petition. It was also contended that since they possessed the requisite qualifications under Ordinance for such appointments and the appointments by way of promotion the same was within the powers of Executive Council. |
Judge | Hon'ble Mr. Justice Ajay Prakash Misra |
Neutral Citation | 1998 INSC 53 |
Petitioner | Dr. (mrs.) Meera Massey Dr. Abha Malhotra Dr. S.c. Bhadwal And Ors. |
Respondent | Dr. S.r. Mehrotra And Ors. |
SCR | [1998] 1 S.C.R. 470 |
Judgement Date | 1998-02-03 |
Case Number | 13707 |
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