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Supreme Court of India 2020-02-18 allowed

Gelus Ram Sahu and Others vs Surendra Kumar Singh and others

Bench: 3 — <UNKNOWN>

In Brief

The appellants, seven polytechnic faculty members, were promoted to Principal despite lacking a Ph.D degree. A High Court quashed their appointments, interpreting AICTE's 2010 regulations as mandating Ph.D for Principals. The Supreme Court allowed their appeal, holding that the regulations use 'or' between two alternative criteria, making Ph.D optional, not mandatory. The 2016 AICTE notification merely clarified existing law without changing it. Since the appellants met the alternative requirement of 15 years' experience (3 as HOD) and were selected by the Departmental Promotion Committee, their appointments were upheld under principles protecting vested rights and preventing retrospective harm to settled appointments.

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Constitutional Law Service Law Administrative Law Technical Education Qualification Requirements Vested Rights Retrospective Application

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