Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Kurukshetra University Ordinance Selection |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Selection-Kurukshetra University Ordinance XVI-Selection to the post of Principal of College of Education-Academic qualification prescribed- Candidate possessing doctorate qualification with adequate teaching experience and not the requisite qualification of M.Ed. or B.Ed.-However, Executive Council approved the appointment and appointed/candidate-Appointment challenged-High Court set aside the appointment-Whether B.Ed or M.Ed. qualification is an essential requirement and could be relaxed-On appeal held, one of the two qualifications under Clause (a) i.e. M.A. (Education) with B.Ed. or Masters' degree in any subject with M.Ed. as well as the qualification in Clause (b) viz. M. Phil Degree or a recognised degree beyond the Masters' level or published research level work are necessary-However, under Clause (c) when candidate having both the qualifications is not available or is found unsuitable, candidate fulfilling the qualifications under Clause (a) could be selected-On facts since the candidate lacked one of the qualifications, namely, M.Ed. he cannot take protection under Clause (c)-However, Executive Council was empowered to relax the qualification-Order of High Court is set aside and matter remitted back for fresh consideration.Kurukshetra University advertised for the post of Principal in the College of Education. The qualifications prescribed by Ordinance XVI for the post is either M.A. (Education) with B. Ed. or Masters' degree in any subject with M.Ed. under Clause (a) and M. Phil degree or a recognised degree beyond Masters' level or published research level work under Clause (b). Both the appellant and respondent No. 1 applied and were called for interview. Appellant possessed doctorate qualification with adequate teaching experience and not the requisite qualification of M.Ed./B.Ed. Executive Council considered him eligible to appear for selection in view of relaxation provision and approved the selection of appellant as Principal. About one year later, respondent No. 1 filed representations to the University questioning the selection and appointment of the appellant. Respondent No.1 then filed a writ petition which was disposed of directing the representation of respondent No. 1 to be considered before confirming the appellant. However, University rejected the representation on the ground that the case of the appellant was covered under the relaxation clause, as opined by the Executive Council in its meeting held on 22.9.1993. Respondent No. 1 filed another writ petition for quashing the decision of the Executive Council dated 22.9.1993 and also the rejection of the representation. High Court set aside the selection and appointment of the appellant. Hence the present appeals. The question which arose for consideration was whether B.Ed. or M.Ed. qualification is an essential and indispensable requirement for selection to the post of Principal of University College of Education, whether such requirement could be relaxed and whether factually there was relaxation, and if so, by a competent body or authority. The correct interpretation of Clause (c) to Note II of Ordinance XVI also fell for consideration. |
Judge | Hon'ble Mr. Justice P. Venkatarama Reddi |
Neutral Citation | 2002 INSC 149 |
Petitioner | S.k Kushwaha |
Respondent | D.k. Joshi And Ors. |
SCR | [2002] 2 S.C.R. 533 |
Judgement Date | 2002-03-18 |
Case Number | 6048 |
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