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Supreme Court of India 2019-02-28 allowed

Abdul Hakeem M.A. & Ors vs Mahatma Gandhi University & Ors

Bench: 1 — Uday Umesh Lalit

In Brief

The Supreme Court held that teachers appointed by Mahatma Gandhi University against substantive posts created by University Syndicate resolutions, through regular selection processes, are permanent employees governed by University Statutes despite their appointment to a self-financing institution. The Court rejected the University's subsequent characterization of the appointments as temporary, noting that appointment orders explicitly stated compliance with University Statutes, posts were never described as contractual at any stage, and the University had represented these teachers as permanent faculty to AICTE and included the institution's finances in the University budget. The Court allowed the appeal and restored the Single Judge's order granting pay revision benefits from 1996.

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