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SUPREME COURT OF INDIA
SUDHANSHU DHULIA, K. VINOD CHANDRAN, JJ.
Mandeep Singh & Ors. - Appellants
Versus
State Of Punjab And Ors. - Respondents
Civil Appeal No(s). 9471 of 2025 [@ Special Leave Petition (Civil) No(s). 23141 of 2024] with Civil Appeal No(s). 9472 of 2025 [@ Special Leave Petition (Civil) No(s). 23324 of 2024] and Civil Appeal No(s). 9473 of 2025 [@ Special Leave Petition (Civil) No(s). 907 of 2025]
Decided On : 14-07-2025
Based on the provided legal document, the key legal principles and findings are as follows:
The recruitment process for educational posts must adhere to statutory guidelines, particularly those mandated under Article 320(3) of the Constitution, which requires consultation with the Public Service Commission in matters related to methods of recruitment (!) (!) .
The regulation and standardization of recruitment procedures in higher education are governed by the UGC Regulations, which are binding on the State when adopted by incorporation, as was done in this case (!) (!) (!) .
Any deviation from the prescribed procedures, especially bypassing the Public Service Commission without following the proper process for exclusion under existing regulations, renders the recruitment process arbitrary and unlawful (!) (!) (!) (!) .
The process was characterized by a sudden and hurried change in recruitment methodology, replacing merit-based assessments with a simple objective written test, which undermines fairness and transparency (!) (!) .
The retrospective amendment of regulations after the completion of recruitment procedures does not validate the process, especially when such amendments are made to justify bypassing statutory procedures (!) .
Decisions taken in haste, without following established procedures or providing valid reasons, are presumed to be arbitrary and violate principles of fairness and reasonableness enshrined in constitutional law (!) (!) (!) .
The State's departure from the standard recruitment procedures, especially without proper consultation and in the absence of valid reasons, amounts to arbitrariness and is not sustainable under the principles of equality and fairness (!) (!) .
The importance of following the prescribed legal and regulatory framework is emphasized, and any violation warrants the quashing of the entire recruitment process to uphold the rule of law and integrity of public employment procedures (!) .
Although the quashing of the entire recruitment process might cause hardships for the selected candidates, the illegality and procedural violations in the process take precedence, and the Court's role is to ensure adherence to lawful procedures (!) .
The Court directs the State to initiate the recruitment process afresh, strictly in accordance with the 2018 UGC Regulations, which are now recognized as applicable in the State of Punjab (!) .
This summary underscores the necessity of compliance with constitutional mandates, statutory regulations, and established procedural norms in public service recruitment, particularly in higher education, to maintain fairness, transparency, and accountability.
| Table of Content |
|---|
| 1. appellants challenge recruitment process. (Para 2 , 3) |
| 2. arguments on violations of regulations. (Para 4 , 5) |
| 3. court identified violations of ugc regulations and the need for adherence to article 320. (Para 6) |
| 4. analysis of the recruitment process and its legal implications. (Para 7 , 8 , 10 , 18 , 19 , 25 , 29 , 31) |
| 5. binding nature of ugc regulations on state. (Para 15 , 22 , 33 , 42 , 47) |
| 6. conclusion on arbitrary recruitment and its quashing. (Para 49 , 50 , 60) |
| 7. examined the consequences of arbitrary selection processes on governance. (Para 54) |
| 8. final orders of the court. (Para 61 , 62) |
JUDGMENT :
SUDHANSHU DHULIA, J.
1. Leave granted.
2.The appellants before this Court have challenged the judgment dated 23.09.2024, of the Division Bench of Punjab and Haryana High Court which has reversed the findings of the learned Single Judge and has thereby upheld the selections made by the State of Punjab for the posts of Assistant Professors and Librarians in Government Degree colleges of Punjab.
3. The brief facts of the case are as follows:
b. Later, an additional 160 posts of Assistant Professors and 17 posts for Librarians were created and sanctioned for newly established colleges, and on 15.09.2021, the State’s Department of Higher Education (hereinafter referred to as ‘the Department’) sought Commission’s consent to fill these posts through the Departmental Selection Committee rather than the Commission.
c. The Commission replied by letter dated 16.09.2021, expressing their inability to respond on the ground of the Chairman having retired and the new appointment having not taken place. The Government then by a memorandum dated 17.09.2021 approved the recruitment of 160 and 17 posts of Assistant Professors and Librarians respectively, through Departmental Selection Committees which though had to follow the University Grants Commission (hereinafter ‘UGC’) guidelines or regulations.
d. A change in Government happened on 20.09.2021 after which on 09.10.2021, the selection process was reviewed in a meeting chaired by the Secretary, Department of Higher Education. In this meeting, the entire process of recruitment was changed and it was decided that selection would now be made only on the basis of a Written Test, which will be conducted by two separate selection committees of two State Universities: (a) Punjab University, Patiala, and (b) the Guru Nanak Dev University, Amritsar. Further, it was decided that all the 1091 posts (931 plus 160 posts) of Assistant Professors and 67 posts (50 plus 17 posts) of Librarians; and not just the posts recently created, are to be filled through these departmental selection committees. This decision was placed for approval before the Chief Minister on 12.10.2021, with the observation that it shall subsequently be placed for approval before the Council of Ministers; latter approval was never obtained.
e. On 18.10.2021, Government issued a memorandum conveying to Director Public Instructions (Colleges) (hereinafter ‘DPI’) the decision for recruitment of 1091 Assistant Professors and 67 Librarians on the basis of two departmental selection committees of two State Universities. On 19.10.2021, advertisements for the above posts were issued.
f. In a little over a month, the exam was conducted and the result was announced on 28.11.2021. Meanwhile, in the first week of November, Writ Petitions were filed before the High Court, challenging the memorandum dated 18.10.2021 and advertisements dated 19.10.2021. On 26.
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