VidhiSangh

Supreme Court of India · 05/12/2018

VIVEK MUDGIL versus STATE OF U.P. & ORS.

[2018] 14 S.C.R. 1068 · 2018 INSC 1152

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Summary

The Supreme Court sustained cancellation of a principal’s appointment because he lacked the required ten years’ teaching experience on the application deadline. Foreign study leave did not count as teaching experience. A later exemption, granted without retrospective effect, did not cure that deficiency. The continuing availability of the statutory exemption power after the 1982 enactment was expressly left open.

Issues

  1. Whether foreign study leave or a subsequent exemption cured insufficient teaching experience at the eligibility cutoff.
  2. Whether the continuing existence of the exemption power required determination.

Held

Result

Appeals dismissed and transferred case disposed of. Appointment cancellation sustained; question of the post-1982 exemption power expressly left open for independent consideration if subsequently raised.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 1068.