Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India: Art.14 |
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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India: Art. 14: Classification test – The Government of India, Ministry of Human Resource Development published communications on revision of pay scale of the Lecturers on one side and the Administrative Staff starting from the Registrar on the other – The State of Uttarakhand applied the directions issued by the Central Government on revised salary to its teaching faculty alone, and not to the registrar – Allegation of discrimination – High Court held that the pay scale was meant to be applied to registrar and the faculty both – On appeal, held: Appellant is not bound by any direction issued by the Central Government which would at worst be mandatory to the Central Universities and the Central Government Colleges receiving funds – Thus, any such decision would obviously be directory to State Government Colleges and Universities, being in the nature of a mere recommendation – High Court misconstrued the facts – Appellant nowhere made a decision to accept and adopt the circular of the Central Government pertaining to the Registrars working in the Universities coming under its purview – In absence of any legal right with the corresponding duty, such a relief can never be asked for, particularly when there are clear and specific rules provided for the pay scale of Registrars by the appellant – When the classification is distinct and clear having adequate rationale with due relation to the objective, there is no reason to hold otherwise by treating a Registrar at par with the Lecturers – One is meant for administration and the other teaching – Uttar Pradesh State Universities Act, 1973 – Universities.Uttar Pradesh State Universities Act, 1973: s. 17(1) – Appointment – Whether State Universities bound by directions issued by Central Government – Held: Appellant not bound by any direction issued by the Central Government which would at worst be mandatory to the Central Universities, and Colleges receiving funds by the Central Government. Such directions would be directory to State Government Colleges and Universities, being in the nature of a mere recommendation. |
Judge | Hon'ble Mr. Justice M.M. Sundresh |
Neutral Citation | 2022 INSC 401 |
Petitioner | State Of Uttarakhand |
Respondent | Sudhir Budakoti |
SCR | [2022] 16 S.C.R. 913 |
Judgement Date | 2022-04-07 |
Case Number | 2661 |
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