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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 appealed a High Court judgment that required post-Ph.D. experience for Reader appointments, whereas its regulations stipulated pre-Ph.D. experience. During the Supreme Court appeal, both respondent employees retired. The Court invoked Article 142 (equitable jurisdiction) to achieve fair outcomes: Dr. Saiful Islam A. was deemed appointed as Reader from June 2012 with full benefits recalculated; Dr. Basheer retained pension rights as Reader without any recovery of previously disbursed amounts. The High Court's judgment was modified to do complete justice given the changed circumstances.

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