VidhiSangh

Supreme Court of India · 03/09/2021

SOMESH THAPLIYAL & ANR. ETC. versus VICE CHANCELLOR, H.N.B. GARHWAL UNIVERSITY & ANR.

[2021] 6 S.C.R. 49 · 2021 INSC 444

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Summary

The Court recognised pharmacy teachers recruited through the statutory selection process as substantively appointed members of HNB Garhwal University’s teaching service. Contractual three-year conditions first inserted in their appointment letters did not defeat that status, and acceptance under unequal bargaining conditions did not bar challenge. Following conversion to a Central University and approval of the posts, the teachers were entitled to the applicable pay scale and notional consequential benefits. Their appeals were allowed, the High Court judgment set aside and the contempt petitions closed.

Issues

  1. Whether teachers selected through the statutory process could be treated as merely contractual because of conditions subsequently inserted in appointment letters.
  2. Whether acceptance of those conditions barred challenge and whether the teachers were entitled to substantive status after conversion to a Central University.

Provisions considered

Held

Result

Appeals allowed without costs; substantive teaching-service status, applicable pay scale and notional consequential benefits granted; contempt petitions closed.

Judgment PDF: Supreme Court of India, [2021] 6 S.C.R. 49.