Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ppointment-Advertisement issued for the post of Assistant Professor |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Appointment-Advertisement issued for the post of Assistant Professor-Indian Council of Medical Research Centre in National Institute of Mental Health and Neuro Sciences-Selection Committee recommended appointment to the post of Lecturer on temporary basis-Corrigendum making provisions to change the nature of post to permanent and enabling the reversion of the appointed candidate-Appointment challenged-High Court set aside the appointment-On appeal Held: Selection Committee's recommendation for a lower post against an unadvertised post based on power to relax the eligibility criteria-Amounts to violation of Articles 14 and 16 of the Constitution of India since the power cannot be exercised to do away with the criteria altogether-Thus, the High Court was right setting aside the appointment of the candidate for the post of Lecturer-Constitution of India. Articles 14 and 16.In 1984, Indian Council of Medical Research (ICMR) set up its centres in major institutions and medical colleges for developing advance research. One such Centre was set up at National Institute of Mental Health and Neuro Sciences (NIMHANS). In September 1986, NIMHANS issued an advertisement to fill up the post of Assistant Professor of Psychiatric Social Work and others in the ICMR Centre for a period of 3 years, with a stipulation that some posts were likely to be made permanent after 3 years. It was also stipulated that if a suitable candidate is not found, the Selection Commitee could recommend a candidate for a lower post. Selection Committee did not appoint appellant as Assistant Professor but appointed him as a Lecturer in Psychiatric Social Work. In December 1986, another advertisement was issued for appointment of Lecturer in the ICMR Centre at NIMHANS. The post was not filled up as it was reserved for a Scheduled Caste and no SC candidate was found suitable. In the meanwhile, ICMR Centre Head at NIMHANS informed the Director NIMHANS that an agreement existed between ICMR and NIMHANS to absorb the faculty posts; and it would be appropriate to modify the appointment orders issued earlier. It was agreed by NIMHANS and accordingly Corrigendum to the order of appointment was issued. Consequently, the post of Lecturer was made permanent on completion of tenure appointment in the Centre and the appellant-appointee was allowed to revert back to the services at NIMHANS with the benefit that the services rendered at ICMR Centre would be counted for the purpose of seniority in NIMHANS. In November, 1989 consequent upon approval by the Govt. of Faculty Improvement Programme and redesignation of posts, the post of the appellant was redesignated as Assistant Professor on 1.10.1986 with NIMHANS although appellant continued to serve in the ICMR Centre. In June 1989, another advertisement was issued by NIMHANS for filling up the posts of Assistant Professor and Lecturer in Psychiatric Social Work. ICMR Centre at NIMHANS wound up and appellant was appointed as Assistant Professor (Psychiatric Social Work) at NIMHANS in 1990. Respondent No. 1 filed Writ Petition challenging the appointment of appellant as Assistant Professor in NIMHANS. Single Judge held the appointment of the appellant as Lecturer invalid as the said post has not been advertised and that Selection Committee was not entitled to either create a new post which had not been advertised or to consider an ineligible candidates for the post advertised. On appeals by NIMHANS and the appellant, Division Bench upheld the finding of Single Judge. Hence these appeals. It was contended for the appellant and NIMHANS that Respondent No. 1 did not have locus standi to challenge the appointment of appellant as Lecturer and that Respondent No. 1 had not challenged the appointment but corrigendum to the appointment order; and that the matter should be considered from an equitable point of view as his service, since his appointment in 1986, would be nulified if his appointment was set aside. On behalf of Respondent No. 1, it was contended that the process of appointment of appellant as Assistant Professor was vitiated by fraud and bias starting with his irregular initial appointment in 1986 and culminating with his recruitment by absorption; and that the Recruitment Rules could not be overridden by any agreement with ICMR. |
Judge | Hon'ble Ms. Justice Ruma Pal |
Neutral Citation | 2002 INSC 107 |
Petitioner | K. Shekar |
Respondent | V. Indiramma And Ors. |
SCR | [2002] 2 S.C.R. 86 |
Judgement Date | 2002-02-27 |
Case Number | 335 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |