Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law - Appointment - Against the post of school librarian |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Appointment - Against the post of school librarian - Writ petitions filed by appellants for consideration of their cases for appointment on basis of degree qualification obtained by them from Algappa University by Distance Education mode - Dismissed by High Court on the ground that Algappa University did not have requisite recognition from the Distance Education Council of Indira Gandhi National Open University "at the time of examination" and post facto recognition belatedly granted did not entitle the appellants to the consideration or appointments prayed for - Held: The relevant Rules did not stipulate whether a degree in library science obtained by Distance Education mode constituted a recognised qualification - It was only when candidates who had secured degrees in Library Science by Distance Education mode applied for appointment that the Government issued a clarification that such degrees will be recognised provided the University awarding the same has been recognised by the Distance Education Council - Such being the case, the normal rule that candidates must satisfy the conditions of eligibility on the date of the applications will have to be applied liberally - Moreso, when selection process was not completed before the Distance Education Council recognised Algappa University - Since the candidates were in the meantime allowed to participate in the selection process under orders of the Court and their result kept in a sealed cover, relaxed standard for determination of the conditions of eligibility should be made applicable especially when consideration of such candidates will in no way prejudice any other candidate already appointed or selected for appointment - In the circumstances, and since validity of post facto recognition granted by the Distance Education Council to Algappa University was not assailed before the Court, appellants should be allowed the benefit of such recognition - They should be treated as eligible for consideration and appointment against the available vacancies - Bihar Municipality Secondary and Higher Secondary Teachers (Appointment and Service Condition) Rules, 2006 as amended in 2008 - r.4(vii)(a) & (b). Service Law - Selection - Selection process dragging on for years - Held: Such inordinate delay and indolence is totally undesirable not only because it violates the fundamental rights of candidates who have qualified for appointment during the intervening period but also because it depicts a complete failure on the part of all concerned in regulating the selection and appointment process with a view to ensuring that the same is fair, objective and transparent. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2014 INSC 237 |
Petitioner | Naushad Anwar & Ors. |
Respondent | State Of Bihar & Ors. |
SCR | [2014] 5 S.C.R. 27 |
Judgement Date | 2014-04-01 |
Case Number | 4270 |
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