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Supreme Court of India 2024-12-18 allowed

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

Bench: 2 — Dipankar Datta, Prashant Kumar Mishra

In Brief

Allahabad University recruited Assistant Professors using UGC Regulations 2018, which awards marks for teaching experience during shortlisting. A candidate challenged the rule requiring contractual teaching experience to be accompanied by salary equivalent to a regular Assistant Professor's salary. The High Court read down this rule. The Supreme Court reversed this, holding that Regulation 10(f)(iii) validly applies to shortlisting and cannot be read down without a finding of constitutional invalidity. Courts lack power to delete statutory words through interpretation. Recruiting bodies may adopt enhanced (not diluted) norms for shortlisting when candidates vastly exceed vacancies, provided the criteria are rational and transparent.

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Higher Education Recruitment Statutory Interpretation Administrative Law Judicial Review Reading Down of Statutes Public Service Commission Shortlisting Criteria

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