SUDHANSHU DHULIA, K. VINOD CHANDRAN
Mandeep Singh – Appellant
Versus
State Of Punjab – Respondent
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 :
1. Leave granted.
3. The brief facts of the case are as follows:
4. Before the learned Single Judge, the Division Bench as well as before this Court, the appellants’ have been consistent in their submission that the recruitment process was vitiated on more than one count. Most importantly the recruitment was made in violation of UGC Regulations of 2010 (hereinafter ‘2010 UGC Regulations’) which were adopted by the State of Punjab on 30.07.2013, and which mandated an entirely different criterion and procedure for recruitment. Further the selection to these posts oug
State of U.P v. Manbodhan Lal Srivastava 1957 SCC OnLine SC 4 [Para 18]
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Gambhirdan K. Gadhvi v. State of Gujarat (2022) 5 SCC 179 [Para 42]
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Fuljit Kaur v. State of Punjab (2010) 11 SCC 455 [Para 53]
Bahadursinh Lakhubhai Gohil v. Jagdishbhai M. Kamalia (2004) 2 SCC 65 [Para 54]
Zenit Mataplast (P) Ltd. v. State of Maharashtra (2009) 10 SCC 388 [Para 55]
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