Jiji K. S. vs Shibu K. - 2026 Supreme(SC) 222

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(SC) 222

DIPANKAR DATTA, ARAVIND KUMAR
Jiji K. S. – Appellant
Versus
Shibu K. – Respondent

Advocates appeared:
For the Petitioner(s): Mr. V. Chitambaresh, Sr. Adv. Mr. Karthik S.d., AOR Mr. C. Govind Venugopal, Adv. Mr. Jaideep Gupta, Sr. Adv. Mr. Jayanth Muth Raj, Sr. Adv. Mr. Krishna Dev Jagarlamudi, Adv. Mr. Alim Anvar, Adv. Mr. Santhosh K, Adv. Mr. Riddhi Bose, Adv. Ms. Rachita Chawla, Adv. Ms. Rishi Agarwal, Adv. Mrs. Devika A.l., Adv. Ms. Sampriti Baksi, Adv. Mr. Mohammed Sadique T.a., AOR
For the Respondent(s): Mr. V. Chitambaresh, Sr. Adv. Mr. Karthik S.d., AOR Mr. C. Govind Venugopal, Adv. Mr. Naveen R Nath, Sr. Adv. Mr. C. K. Sasi, AOR Dr. Kk Geetha, Adv. Ms. Meena K Poulose, Adv. Mr. Aditya Nath, Adv. Ms. Disha Gupta, Adv. Mr. A. Lakshminarayanan, AOR Mr. Harish Pandey, AOR Mr. A. Lakshminarayanan, AOR Ms. Smita Amratlal Vora, AOR

Table of Content
1. exemption from ph.d qualification under specific conditions (Para 3 , 4)
2. effect of high court decisions on promotions and qualifications (Para 5 , 7 , 9)
3. aggrieved parties' rights and high court jurisdiction (Para 8 , 10)
4. persons aggrieved by judgments not parties can seek review (Para 12 , 17)
5. liberty to pursue remedies for affected parties (Para 15 , 20)

JUDGMENT :

DIPANKAR DATTA, J.

1. Leave granted in SLP (C) No. 8737 of 2021.

2. The dispute before us has had a litigious history and hence, a reference to the previous round of litigation would be necessary to understand the factual background.

3. Rule 6A of the Kerala Technical Education Service (Amendment) Rules, 2004 was introduced by way of an amendment on 18th September, 2004. Rule 6A reads as follows:

(i) Candidates appointed as Lecturer in Engineering Colleges in the Technical Education Department on or before the 27th March 1990, who have completed 45 years of age on the date of notification published for filling up the posts of Professor, Joint Director (Engineering College Stream) and Director of Technical Education as the case may be are exempted from acquiring Ph.D