Breaking Supreme Court of India Advocates Balanced Approach to Diwali Firecracker Regulations
New Delhi · Saturday, 31 October 2026
Free Law - free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2021-09-03 allowed

SOMESH THAPLIYAL & ANR. ETC vs VICE CHANCELLOR, H.N.B. GARHWAL UNIVERSITY & ANR

Bench: 2 — Uday Umesh Lalit, Ajay Rastogi

In Brief

Teachers appointed to a university's pharmaceutical sciences department through regular selection processes under statutory procedure sought confirmation of their substantive employment status. Though appointed following proper selection committee recommendations and executive council approval, their appointment letters imposed arbitrary three-year contractual terms, unilaterally imposed without prior disclosure. After the university's conversion to a central university, a fresh advertisement for these positions was issued. The Supreme Court held that statutory selection procedure creates substantive appointment regardless of contractual nomenclature imposed thereafter; employees in unequal bargaining positions cannot be bound by arbitrary undisclosed terms violating the statutory scheme. The appellants were confirmed as substantive members of the teaching faculty with full benefits of central university service.

The lawyer headnote and full judgment text are available to registered users.

Employment Law Constitutional Law Administrative Law University Law Civil Procedure Contract Law Public Service

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login