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-Second respondent passedresolution terminating College Development Council (CDC) –Challenged by the appellant-Director of CDC – High Court quashedthe resolution directing that while the CDC will continue, it will bewithout the Appellant as its Director – Plea of appellant that thetenure limitation for two terms of three years can only apply to thoseDirectors appointed on deputation – Held: Terms of theadvertisement issued by the University calling for applications forthe posts in the newly constituted CDC are material – Appellantwas put to notice that his appointment was for three years – Thoughthe office order by which the Appellant was appointed as Director,CDC does not mention a tenure, however, it cannot be said that theAppellant was not put to notice that his appointment to the post ofDirector, CDC was for three years – Appointment was in terms ofthe advertisement – Further, Clause 3 of the ‘Revised Guidelinesfor the Establishment of College Development Council’ deals withthe appointment of the Coordinator/Director/Dean of the CDC –Merely because in the said clause, the sentence providing for tenurelimitation follows the sentence on deputationists, it cannot be saidthat the tenure limitation applies only to deputationists – Tenurelimitation applies to every person who is appointed to the post –Having served the tenure laid down by the revised guidelines, theAppellant cannot continue as Director, CDC |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2018 INSC 1155 |
Petitioner | Sc Singh |
Respondent | State Of Uttarakhand And Ors. |
SCR | [2018] 14 S.C.R. 1075 |
Judgement Date | 2018-12-05 |
Case Number | 11856 |
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