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Supreme Court of India 2018-07-19 partly_allowed

University of Kerala & Anr vs Saiful Islam A. & Ors

Bench: 2 — Kurian

In Brief

The University of Kerala challenged the High Court's ruling that experience for appointment as Reader should be acquired after obtaining a Ph.D. degree. During the pendency of appeals, both affected officers retired from service. The Supreme Court invoked Article 142 to modify the High Court's order to do complete justice: it confirmed Dr. Saiful Islam A.'s appointment as Reader from June 2012 with retrospective benefits, and ensured Dr. Basheer retained his entitled benefits without recovery, while providing pension as Associate Professor. The Court prioritized equitable outcomes over strict application of the experience requirement rule.

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