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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

Seven polytechnic lecturers without Ph.D. degrees were promoted to Principal based on 15 years' experience (including 3 years as Head of Department) under 2014 Chhattisgarh Rules. A disappointed candidate challenged their appointment, claiming the 2010 AICTE Regulations mandated Ph.D. for Principals. The High Court agreed and quashed the promotions. The Supreme Court reversed this, holding that the 2010 AICTE Regulations use "or" between qualifications, making Ph.D. optional. The 2016 clarification merely restated existing law. Appointments made in good faith under a valid understanding cannot be retrospectively disturbed, as this would violate constitutional protections of vested rights and equality.

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Administrative Law Service Conditions Higher Education Regulation Technical Education Statutory Interpretation Vested Rights Retrospective Legislation Constitutional Law

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