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Supreme Court of India 2019-02-28

ABDUL HAKEEM M.A. & ORS vs MAHATMA GANDHI UNIVERSITY & ORS

Bench: 2 — Uday Umesh Lalit, Indira Banerjee

In Brief

Teachers appointed by Mahatma Gandhi University against substantive posts, through regular selection, claimed entitlement to permanent status and pay revision benefits applicable to regular university staff. The University contested this, arguing teachers in the self-financing institution were temporary. The Single Judge held the appointments were permanent, based on the absence of any temporary designation and AICTE's recognition of the faculty as permanent. The Division Bench reversed, stating the self-financing institution was separate from the university. The Supreme Court allowed the appeal, finding the comprehensive factual record—the resolutions, appointment orders, AICTE communications, and budget inclusion—conclusively established permanent substantive appointments. The Court noted the University could not contradict its own consistent representations to AICTE and thereafter deny permanent status.

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