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Supreme Court of India 2020-02-18 allowed

GELUS RAM SAHU vs DR. SURENDRA KUMAR SINGH

Bench: 3 — S. A. Bobde, B. R. Gavai, Surya Kant

In Brief

Seven polytechnic teachers who held HOD (Head of Department) positions were promoted to Principal posts without Ph.D degrees under the 2014 Chhattisgarh Rules. A rival candidate challenged their promotions, arguing that the 2010 AICTE Regulations made Ph.D mandatory. The High Court agreed and quashed the promotions. The Supreme Court reversed this, holding that the AICTE Regulations present Ph.D as an alternative qualification (using "OR"), not a requirement. A 2016 AICTE clarification did not change this meaning. The Court stressed that vested rights acquired under the earlier rules could not be retrospectively impaired. The appellants' appointments were restored.

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