NDLI: State of Orissa & Anr. Vs. Mamata Mohanty

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	ORISSA EDUCATION (RECRUITMENT AND CONDITIONS OF SERVICE OF TEACHERS AND MEMBERS OF THE STAFF OF AIDED EDUCATIONAL INSTITUTIONS) RULES
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	SERVICE LAW:ORISSA EDUCATION (RECRUITMENT AND CONDITIONS OF SERVICE OF TEACHERS AND MEMBERS OF THE STAFF OF AIDED EDUCATIONAL INSTITUTIONS) RULES, 1974 : Rules 2(1), 4 to 7 - Lecturers receiving grant-in-aid. Claiming UGC pay scale w.e.f 1.1.1986, as per Notification dated 6.10.1989 - Writ petitions allowed by High Court placing reliance on earlier decisions - Held : Questions raised in instant appeals had never been considered by courts earlier - A teacher who had been appointed without possessing the requisite qualification at initial stage, cannot get the benefit of grant-in-aid scheme unless he/she acquires the additional qualification and, therefore, question of grant of UGC pay scale would not arise unless such teacher acquires the additional qualification for benefit of grant-in-aid scheme - However, terminating the services of those who had been appointed illegally and/or withdrawing the benefit of grant-in-aid scheme would not be desirable as a long period has elapsed - But, UGC pay scale cannot be granted prior to the date of acquisition of higher qualification - Delay/ laches -Constitution of India, 1950 - Articles 14, and 16 and 21 - Stare decisis - Rule of per incurium.CONSTITUTION OF INDIA, 1950 : Article 226 - Writ petition - Limitation for filing of - Held: Doctrine of limitation being based on public policy is applicable to writ petitions which may be dismissed at initial stage on ground of delay and /aches - Relief granted in similar case cannot furnish a proper explanation for delay/ laches - Limitation Act, 1963 - s.3Article 226 - Writ petition - Held : Relief not founded on pleadings should not be granted - Relief - Pleadings.Article 14 -Held : Does not envisage negative equality.The principle also applies to judicial pronouncements. Once the court comes to the conclusion that a wrong order has been passed, it becomes the solemn duty of the court to rectify the mistake. Articles 14 and 16 -Held: Even if names of candidates are requisitioned from Employment Exchange, in addition thereto, it is mandatory on the part of employer to invite applications from open market by advertising the vacancies in newspapers having wide circulation or by announcement in Radio and Television -Service Law -Appointments.Article 14 and 16 - Relaxation or condoning of deficiency · Held : Granting relaxation subsequently amounts to change of criteria after issuance of advertisement and is violative of fundamental rights enshrined under Articles 14 and 16 of similarly situated persons who did not apply for want of eligibility - An appointment which is bad in inception does not get sanctified at a later stage -Concept of adverse possession of lien on post or holding over are not applicable in service jurisprudence - A person not possessing the requisite qualification cannot hold the post nor can he approach the court as he does not have a right which can be enforced through court - Service Law - Relaxation in eligibility.Article 21-A -Education -Held : It is not permissible for State while controlling education to impinge the standard of education -Paucity of funds cannot be a ground for State not to provide quality education to its future citizens -Therefore, State provides grant-in-aid to private schools -However, while granting recognition and affiliation, it is mandatory to adhere to the conditions imposed which include the minimum eligibility for appointment of teaching staff -The selection of the most suitable persons is essential in order to maintain excellence and the standard of teaching - Service Law - Eligibility of teaching staff.CIRCULARS/GOVERNMENT ORDERS/ NOTIFICATIONS:Circulars/Letters - Filing of in courts - HELD: Some of the Circulars/letters! orders filed in court may not be in conformity with law and may be violative of the mandatory provisions of the Constitution - Such circulars/letters cannot be given effect to.STARE DECISIS : Rule of per incurium -Held : Courts have developed this principle in relaxation of the rule of stare decisis -Thus, the "quotable in lawn is avoided and ignored if it is rendered in ignoratium of a statute or other binding authority - The judgements passed without noticing the judgements in Damodar Nayak and Bhanu Prasad Panda are held to be not of binding nature.WORDS AND PHRASES :Expression 'per incurium' - Connotation of.
Judge	Hon'ble Dr. Justice B.S. Chauhan
Neutral Citation	2011 INSC 113
Petitioner	State Of Orissa & Anr.
Respondent	Mamata Mohanty
SCR	[2011] 2 S.C.R. 704
Judgement Date	2011-02-09
Case Number	1272

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