NDLI: Pooran Chand Vs. Chancellor & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	King George Medical University Act 2002 Uttar Pradesh Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	King George Medical University Act, Uttar Pradesh Act, 2002: s.53 – Applications invited for the post of Assistant Professors, Professors, Associate Professor and Lecturers – Appellant applied for the post of Assistant Professor whereas respondent no. 4 applied for the post of Lecturer – Appellant was selected and joined as Assistant Professor on 08.12.2005 – Respondent no. 4 joined as Lecturer on 8.8.2005 – Respondent no. 4 was promoted on the post of Assistant Professor on 8.8.2007 – Representations were submitted by respondent no. 4 to the university claiming seniority over the appellant based on his experience at the time of appointment as Senior Research Fellow in WHO – Chancellor rejected the representation of respondent no. 4 referring to the report sent by the University that experience as senior Research Fellow in WHO cannot be counted as experience – Respondent no. 4 filed writ petition – In writ petition, both the appellant as well as University contested the claim of respondent no. 4 – High Court allowed the writ petition – On appeal, held: s.53 provides that if any question arises as to whether any person has been duly elected or appointed, the matter shall be referred to the Chancellor, and the decision of the Chancellor thereon shall be final – s.53 also contains proviso to the effect that no reference in this Section shall be made more than three months after the date when question could have been raised for the first time – The object and purpose for entertaining any question regarding appointment within a period of three months is that the members of the teaching faculty of the University be it Lecturer or Assistant Professor are entrusted with teaching, which is to be imparted according to academic calendar and it is in the interest of the University that all doubts regarding appointment of teachers are raised within a period of three months to have an early decision by Chancellor to give quietus to the disputes in the University – The present is not a case where appointment of appellant was cancelled by any competent authority – Appellant was appointed, recommended by Selection Committee with due approval of the Executive Council and the appointment was made after advertisement – Challenge to appointment after more than three years cannot be entertained as respondent No.4 in his representation before the Chancellor never challenged the appointment of appellant as Assistant Professor and had filed representation only claiming seniority over appellant after he got promoted as Assistant Professor himself in the year 2007 – Therefore, High Court ought not to have entertained the challenge to the appointment of appellant and ought to have confined the consideration of claim of respondent No.4 for seniority over the appellant – When the appointment of appellant was not challenged in reasonable time as per the provisions of the Act, 2002, it is not in the ends of justice to permit the respondent No.4 to challenge such appointment in the High Court in the writ petition for the first time, after more than four years of the appointment – There was no error in the order of the Chancellor rejecting the representation made by the respondent No.4 – Service law – Seniority – Universities – Education/Educational Institutions.
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2021 INSC 46
Petitioner	Pooran Chand
Respondent	Chancellor & Ors.
SCR	[2021] 1 S.C.R. 782
Judgement Date	2021-01-29
Case Number	268

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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
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