VidhiSangh

Supreme Court of India · 18/12/2024

ALLAHABAD UNIVERSITY ETC. versus GEETANJALI TIWARI (PANDEY) & ORS. ETC. ETC.

[2024] 12 S.C.R. 1795 · 2024 INSC 1003

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Summary

The Supreme Court set aside the Allahabad High Court's ruling that Regulation 10 of the UGC Regulations, 2018 does not apply when awarding marks for teaching experience in shortlisting candidates for Assistant Professor, holding that the High Court impermissibly 'read down' Regulation 10(f)(iii) without finding it ultra vires, effectively deleted words from it, and relied on an unpleaded anomaly; universities may shortlist using Regulations 4 and 10 with Tables 3A and 3B.

Issues

  1. Whether Regulation 10 of the UGC Regulations, 2018, including clause (f)(iii) requiring contractual teachers to have drawn emoluments not less than a regular Assistant Professor's salary, governs the award of marks for teaching experience under clause 7 of Tables 3A and 3B in shortlisting for Assistant Professor.
  2. Whether the High Court could read down Regulation 10(f)(iii) without holding it ultra vires.
  3. Whether a recruiting body may adopt a stricter shortlisting method where selection is solely by interview.
  4. Whether a writ court can grant relief on a ground not pleaded.

Provisions considered

Held

Result

Appeals allowed; High Court judgment dated 18.01.2024 set aside; Respondent 1's writ petition, special appeal and review application dismissed and the Single Judge's order affirmed; Brahma Deo's petition dismissed; no order as to costs.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 1795.