Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law :University Statute (Gorakhpur university)-Clauses 11, 13 sub clause (a) & (b)-Post of Lecturer-Minimum Qualification-Relaxation of-Power of Selection Committee-Person appointed not holding minimum qualification-Held, the selection committee cannot give relaxation-Appointment of a candidate who did not possess the required qualification though adhoc-Held, not justified. U.P. Higher Education Services Commission Act, 1980-Sections 12 & 16-Ad-hoc appointment-Regularisation-Since the condition precedent for making ad-hoc appointment was not satisfied and the appellant did not possess the minimum qualification for such appointment-The appointment held, invalid and inoperative. Sections 31-B & 31-C-Regularisation-Initial appointment wholly without jurisdiction-Therefore, the subsequent appointment cannot be regularised as the same was not made on the date specified-Availability of substantive vacancy-Condition not fulfilled-Under the circumstances, held, the question of regularisation does not wise.Uttar Pradesh State Universities Act, 1973-Section 35(2) and (3)-Termination-Approval by Vice Chancellor required-No such approval was given-Held, even then the termination did not become null and void. Section 60-A and 60-B-Approval of Government for sanction for the post-Held-Creation of a post and payment of salary are two distinct concepts-State can sanction creation of post though the payment is not made by it. The Government of Uttar Pradesh granted sanction for M.Sc. (Agronomy) in the Faculty of Science but in the absence of financial resources it was decided that the payment of salary would be made for a period of one year by the Management of the College. Therefore, the College issued an advertisement for the post of Lecturer in Agronomy and also declared that the Management has power to grant relaxation in educational qualifications. Pursuant to the aforesaid advertisement the appellant submitted his application fol' the post. He was selected and appointed as lecturer on 1.1.84 in the post-Graduate Agronomy Department. While continuing as lecturer he passed his final year M.Sc. (Agriculture). In 1985 the College issued a fresh advertisement for filling up the post of Lecturer in Agronomy on ad-hoc basis. After informing the Secretary, Higher Education Service Commission a Selection Committee was constituted by the Vice. Chancellor for selecting the candidate. The Committee again selected the appellant and the Registrar of University approved the appointment of the appellant as an ad-hoc teacher in Agronomy for a period of six months from the date the appellant had been holding the post after his selection. The Director of Higher Education Communicated the approval of the Government for creation of a post of Lecturer in the college in Agronomy. The Manager of the College requested the Service Commission, that the post may be advertised and the appointment may be made under the Service Commission Act but in order to avoid any dislocation in the teaching the appellant may be allowed to continue. The Vice Chancellor approved the ad-hoc appointment of the appellant as Lecturer for a further period of six months with a break of one day or till the selected candidate takes charge whichever is earlier. In the meantime an Ordinance was promulgated which was replaced by an Act and Section 31-B was added to the Service Commission Act 1980. The Director of Higher Education regularised the service of the appellant under the said Act and directed the payment of salary to the appellant. The Principal of the College also passed order that the appellant should be paid salary from the date of the creation of the post i.e. 1.2.1986 and be paid salary, D.A. and the permissible perquisites of the State Government as per the Universities Act. The Director of Higher Education, U.P. then asked the Principal of the College that salary of the appellant should be stopped at once. Another order was passed whereby regularisation of the appellant was cancelled on the ground that the approval was obtained on wrong premises. Thereafter the College terminated the services of the appellant. The appellant filed a Writ Petition against the order of the director stopping the payment of salary as well as challenging the order of termination. In the meantime the Deputy Registrar of University informed the College that the service of the appellant could not be terminated without the prior approval of tile Vice- Chancellor and directed that the salary of the appellant should be paid. The Vice Chancellor set aside the order of termination of the appellant for non-compliance of section 35(2) of the State Universities Act 1960 in as much as no prior approval of Vice Chancellor had been taken. The Committee of Management of College filed Writ Petition against the order of Vice-Chancellor. The appellant filed another Writ Petition for implementation of the order of the Vice-Chancellor. All the three Writ Petitions were disposed of by the High Court by a common judgment. The High Court dismissed the Writ Petition filed by tile appellant and allowed the writ petition of the Management on the ground that the appellant's appointment itself was illegal and was no appointment in the eye of Law and the Vice-Chancellor was in error in issuing the direction in question. Further the appointment of the appellant was made on ad-hoc basis without the vacancy being notified to the commission. It also came to the conclusion that the vacancy occured only after sanction of the post by the Government on 1.2.86 and therefore, the so called appointment of the appellant was illegal and without jurisdiction. In appeals to this Court it was argued on behalf of the appellant that ad-hoc appointment was made in relaxation of educational qualifications, which was permissible under the advertisement itself. The appointment was approved by the Vice- Chancellor and the service of the appellant had been regularised by Director under the Service Commission Act and the Director cannot cancel the regularisation of tile appellant, and that the order of termination was passed without the approval of the Vice-Chancellor. It was contended by the Management that the basic appointment of the appellant even though on ad-hoc basis was not permissible as he did not have the requisite qualifications and the Director had erroneously passed an order of regularisation and be had the power to withdraw and cancel the same when it came to the notice that the service of the appellant could not have been regularised under the Act. Dismissing the appeals |
Judge | Honble Mr. Justice G.B. Pattanaik |
Neutral Citation | 1995 INSC 878 |
Petitioner | Santosh Kumar Singh |
Respondent | The State Of U.p. & Ors. Etc. |
SCR | [1995] Supp. (6) S.C.R. 568 |
Judgement Date | 1995-12-12 |
Case Number | 4645 |
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