Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Uttar Pradesh Higher Education Services Commission (Procedure for Selection of Teachers) Regulations 1983: Regn.6 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Uttar Pradesh Higher Education Services Commission (Procedure for Selection of Teachers) Regulations, 1983: Regn.6 - Selection to the post of Principal in the Degree Colleges and in different Post Graduate Colleges ill the State of U.P. - Non-compliance of Regn. 6 by the Commission - Held: A reading of Regn. 6 shows that the Commission has been invested with substantive power to call for interview such number of candidates as it may consider proper and ratio between 3 to 8 times vacancies can be determined by Commission which it finds appropriate - In the case on hand, initially, the Commission decided to limit the number of candidates by fixing the norms - Commission by .fixing the cut- off mark proceeded to process the applications - But subsequently it altered the index norms and ultimately it decided to call all the candidates - It was alleged that such variatioll was adopted llumber of times by the Commission with a view to favour certain candidates who otherwise did not come within the zone of consideration for participation ill the interview - Such allegation is very serious one and, therefore, cannot be simply brushed aside by accepting the stand of the Commission that ultimately the ratio was within the range - Commission cannot follow certain practices, which give scope for serious criticism especially where it relates to the matter of selection for very responsible post of Prillcipal to various aided and affiliated colleges of the State University - High Court rightly set aside the whole selection - Uttar Pradesh Higher Education Services Commission Act, 1980 - s.4(2)(e).Doctrines/Principles: Doctrine of estoppel - When the cause of action is different, the withdrmval of earlier writ petition without liberty to file a fresh applicatioll, will not have ally impact in making the fresh challenge - In the illstant case, the ll'ithdrawal of the earlierwrit petition without any reservation did not cause any prejudice in as much as at the time when the earlier writ petition was filed, the select list was not announced and, therefore, when at the stage prior to the interview, those writ petitions were filed, there was nothing wrong in the writ petitioners moving the High Court, subsequent to the declaration of the results by raising a challenge to the select list. |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2016 INSC 533 |
Petitioner | Veerendra Kr. Gautam And Others |
Respondent | Karuna Nidhan Upadhyay And Others |
SCR | [2016] 7 S.C.R. 223 |
Judgement Date | 2016-07-15 |
Case Number | 3361 |
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