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2011 Supreme(SC) 160

P.SATHASIVAM, B.S.CHAUHAN
State of Orissa – Appellant
Versus
Mamata Mohanty – Respondent


Judgement Key Points

Key Points: - The Selection Board under Rules 1974 is the proper body for recommending candidates and institutional appointments, not the Managing Committee, with appointments transferable across state colleges (p_13, p_19, p_18, p_31, p_136, p_132). - Appointment of personnel lacking the minimum eligibility (54% in Master’s) cannot be cured by later condonation or relaxation; such appointments are illegal and cannot be regularized (p_71, p_40, p_41, p_39, p_68, p_70). - Grant of UGC pay scales cannot be granted prior to acquiring the deficiency/eligibility and after a long delay; relaxation cannot alter the fundamental eligibility or the date of grant-in-aid; delays and laches affect relief (p_69, p_70, p_52, p_53, p_55, p_56). - Relaxation of essential qualifications is not a general power and must be expressly provided; improper relaxation after the selection process is vitiating (p_42 to p_50, p_43, p_47, p_85). - If an order is bad in inception, subsequent actions cannot validate it; illegality at inception taints all further proceedings (p_37, p_63, p_64, p_65). - Article 14 demands positive equality; arbitrary/irrational orders violate Article 14 (p_55, p_58, p_59, p_60, p_63). - The Court directs specific four-month timelines to complete the examination of deficiencies and grant of UGC pay scale, with arrears to follow within four months (p_151, p_152, p_153).

How to determine whether appointments in Orissa aided colleges complied with Rule 1974 recruitment procedures?

What is the legal status of granting UGC pay scales to teachers who did not initially meet 54% in Master’s degree and relied on later relaxations or condonation?

What are the consequences when an order of appointment is bad in inception and cannot be cured by later relaxations or condonation?


JUDGMENT:

Dr. B.S. CHAUHAN, J.

1. All the aforesaid appeals have been filed against the judgments and orders of the High Court of Orissa at Cuttack which have been passed placing reliance on its earlier judgments in similar cases. The facts and legal issues involved herein are the same. Thus, they are heard together and are being disposed of by the common judgment and order. However, for convenience, Civil Appeal No. 1272 of 2011 is taken to be the leading case and some reference to facts would be taken from other appeals as and when necessary in the context of legal issues involved herein.

2. The appeal has been preferred against the judgment and order dated 22.3.2006 of the High Court of Orissa at Cuttack in Writ Petition (Civil) No. 14157 of 2005.

FACTS:

3. (A) The respondent was appointed as a Lecturer in Niali College, Niali, on 9.7.1979 and her appointment as such was approved by the Director of Higher Education, Orissa, a statutory authority - the appellant No. 2, vide order dated 18.12.1985, and she was granted the benefit of receiving 1/3rd grant-in-aid.

(B) In order to provide better facilities to teachers and enhance the standard of higher education, the Government of Ori



















































































































































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