Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Central Universities and Advertising/Recrutiment Rules - Central universities can conduct advertisements and recruitment processes without strictly adhering to their own specific recruitment rules, provided they comply with overarching legal principles and relevant statutory provisions. They are permitted to proceed with recruitment in accordance with applicable rules, which may include central or state regulations, or even in the absence of specific rules, as long as due process and principles of fairness are maintained ["Kritika Sharma VS State of Rajasthan - Rajasthan"].
Legal Authority and Compliance - The courts and tribunals have emphasized that recruitment must be carried out following the applicable rules and regulations, and any deviation must be justified or supported by legal provisions. For example, the Government and universities are entitled to conduct recruitment according to their updated rules or amended regulations, and they are not bound to follow outdated or non-existent rules ["Girdharee Ram S/o Shri Kesha Ram VS Rajasthan Public Service Commission, Through Its Secretary - Rajasthan"], ["Kritika Sharma VS State of Rajasthan - Rajasthan"].
Recruitment Without Specific Rules - The absence of a specific recruitment rule does not preclude a university from advertising or recruiting; instead, they can rely on general administrative law principles, statutory authority, or existing regulations that govern recruitment processes. The courts have upheld that recruitment can proceed if it is done transparently and in accordance with the law, even if the university does not have a standalone recruitment rule ["Kritika Sharma VS State of Rajasthan - Rajasthan"].
Role of Central and State Regulations - While central legislation and regulations (e.g., UGC guidelines) influence university recruitment, universities have some autonomy in framing or modifying their recruitment procedures. The courts have clarified that unless there is a specific rule or statutory requirement, universities are not prohibited from advertising or conducting recruitment exercises ["Girdharee Ram S/o Shri Kesha Ram VS Rajasthan Public Service Commission, Through Its Secretary - Rajasthan"], ["Kritika Sharma VS State of Rajasthan - Rajasthan"].
Conclusion - Central universities can conduct advertisements and recruitment processes without strictly following their own recruitment rules, provided they operate within the framework of applicable laws, regulations, and principles of fairness. Their authority to do so is supported by legal precedents that recognize the flexibility in recruitment procedures, especially when rules are silent or have been amended ["Girdharee Ram S/o Shri Kesha Ram VS Rajasthan Public Service Commission, Through Its Secretary - Rajasthan"], ["Kritika Sharma VS State of Rajasthan - Rajasthan"].
In the dynamic landscape of higher education in India, central universities often face challenges in filling faculty and staff positions promptly. A common question arises: Can a central university conduct advertisements for recruitment without its own formal recruitment rules? This issue is particularly relevant amid evolving regulatory frameworks and judicial interpretations. While formal rules provide structure, courts have clarified pathways for lawful recruitment even in their absence.
This blog explores the legal position, drawing from key judgments and principles. Note that this is general information based on precedents and not specific legal advice—consult a qualified lawyer for your situation.
Generally, a central university in India can conduct advertisements for recruitment even without its own formal recruitment rules, provided it has implemented appropriate administrative measures aligned with statutory and constitutional mandates. This includes adopting rules lawfully, issuing administrative instructions, or establishing interim arrangements in good faith while formal rules are pending notification. Chandigarh Administration through the Director Public Instructions (Colleges), Chandigarh VS Usha Kheterpal Waie - 2011 0 Supreme(SC) 847
The Supreme Court and tribunals have emphasized that the lack of notified rules does not paralyze recruitment if executive actions fill the gap responsibly. For instance, administrative instructions and policies can serve as a basis for recruitment in the absence of formal rules. Chandigarh Administration through the Director Public Instructions (Colleges), Chandigarh VS Usha Kheterpal Waie - 2011 0 Supreme(SC) 847
This approach ensures universities can address vacancies without undue delay, balancing administrative efficiency with legal compliance.
Central universities derive their powers from statutes like the Central Universities Act and UGC regulations. In the absence of specific recruitment rules, they may:
A pivotal precedent is Abraham Jacob vs. Union of India, where the court upheld draft rules consulted with UPSC as sufficient for administrative actions, including recruitment. The advertisement based on such drafts was deemed valid pending notification. Chandigarh Administration through the Director Public Instructions (Colleges), Chandigarh VS Usha Kheterpal Waie - 2011 0 Supreme(SC) 847
Courts consistently recognize flexibility in recruitment absent formal rules, provided core principles are upheld:
These cases illustrate that recruitment validity hinges on lawful foundations, whether rules, instructions, or adopted policies. Tribunals like CAT also affirm jurisdiction in such disputes, rejecting clauses ousting competent benches. Navodaya Vidyalaya Samiti, Department Of School Education And Literacy, Government Of India, Represented By The Commissioner VS Salma Sultana, D/o. Lt. Shamsul Haque - 2024 Supreme(Gau) 861
UGC policies on territorial jurisdiction further contextualize operations, prohibiting unapproved off-campus activities but not directly impeding core recruitment. Umesh Ch. Das, S/o- Late Jadav Ch. Das vs State of Assam - 2025 Supreme(Gau) 406
While flexible, this leeway has boundaries:
If no administrative basis exists or constitutional norms are flouted (e.g., invalid qualifications from unapproved centers), processes may be invalidated. Umesh Ch. Das, S/o- Late Jadav Ch. Das vs State of Assam - 2025 Supreme(Gau) 406
To minimize risks:
Applicants should verify ad bases and challenge only on substantive grounds, as procedural flexibilities are judicially endorsed.
In summary, central universities may typically advertise and recruit without formal rules via lawful administrative steps, as affirmed in precedents like those emphasizing draft rules and executive instructions. Chandigarh Administration through the Director Public Instructions (Colleges), Chandigarh VS Usha Kheterpal Waie - 2011 0 Supreme(SC) 847 This promotes efficient higher education staffing while upholding rule of law.
Key Takeaways:- Leverage administrative instructions in good faith.- Ensure transparency and equality.- Document processes meticulously.
This position evolves with judgments—stay updated via reliable sources. For tailored advice, engage legal experts familiar with education law.
Disclaimer: This article provides general insights from public judgments and is not legal advice. Laws and interpretations may vary by case.
#UniversityRecruitment #HigherEdLaw #IndiaLegal
3.The Registrar, Central Administrative Tribunal, Chennai Bench, Chennai 600 104. ... ... Aggrieved by the same, the petitioner has filed an Original Application in OA No.102 of 2015 before the Central Administrative Tribunal. ... Act, 1965 and its courses through distance education have been recognized by the Government of India for the purpose of employment under the Central Government. ... The petitioner possesses a diploma in Mechanical (Lateral Entry) Engineering Certificate issued by the Janardan Rai Nagar Rajasthan Vidyapeeth Univ....
However, the respondents shall be free to conduct the recruitment for the post of Food Safety Officer strictly in accordance with rules, and thus, the condition of possessing the essential qualification including training at the requisite date shall be adhered to. ... for recruitment on the said post. ... (iii) The respondent RPSE further may be directed to undertake the recruitment process strictly in accordance with the provisions of Rule of 2011 and amended rules of 1965. ... As per learned counsel ....
Rule 7 of the said 1973 Rule is, therefore, an integral part of the said 1973 Rule. 25. Dayanand School was required to hold a selection process for recruitment of its employees. ... Accordingly, the petitioner school, namely, Dayanand Anglo-Vedic Higher Secondary School shall be free to proceed with its recruitment process without any fetter but strictly in accordance with law and in the event such recruitment process is carried out by the School all necessary and co....
Similarly, there has been an amendment made in Sub-rule (1) of Rule 5 of the Reservation Rules, 2005 to allocate roster points to the newly added reserved category of EWS. The reservation provided in favour of ‘EWS’ is to the extent of 10% for direct recruitment only. ... Obviously and without there being any doubt the recruitment to teaching and academic positions in State University cannot, by any stretch of reasoning, be treated as a recruitment in civil posts and service in the Gov....
The above, having been noted, it is to be seen now as to whether the learned Central Administrative Tribunal(CAT), Principal Bench at Delhi, would have had the jurisdiction in the absence of Clause 6(23) to entertain any dispute pertaining to the recruitment process, in question, in accordance with Rule ... A decree passed by a court without jurisdiction is a coram non judice. 33. In Kiran Singh v. ... On his case for recruitment not being so considered, the said petitioner had instituted proceedings b....
) Ordinance, 2019 and requested the Universities for strict compliance of the Central Educational Institutions (Reservation in Teacher's Cadre) Ordinance, 2019 and requested to start recruitment immediately. ... We deem it appropriate to refer to the provision of Rule of reservation provided in the Assam College Rules, 2010, particularly, Rule 12, which is reproduced herein below:- “In all cases of appointment by direct recruitment as well as by promotion there shall be reservations ... The mere announc....
In case of any conflict between the State legislation and the Central legislation, Central legislation shall prevail by applying the rule/principle of repugnancy as enunciated in Article 254 of the Constitution as the subject “education” is in the Concurrent List (List III) of the Seventh Schedule to ... taken in accordance with the rule of law (vide S.G. ... The decision should be made by the application of known principles and rules and in general such decision should be predictable and the citizen should know where he....
Board/Univeristy. ... Central Administrative Tribunal Principal Bench, New Delhi. ... The emoluments of these trainees during the period of their training and before they are absorbed in the Government as employees, will be governed by the minimum of the –IS pay band without any ... The conditions of eligibility in case of ward being considered for appointment would be the same as prescribed for direct recruitment from open market i.e. 10th class pass from recognized ... post i.e. non matriculate and....
achieved by the insertion of the preference clause in the rule ... Unless and until the State or the Univeristy chooses to modify the Advertisement dated 06.12.2020 vide advertisement No.1/2020 of will not be considered as adversely affecting affect the standards” refers to lowering of the norms laid down by the Central
Therein, under Rule 2(ix), CITS was defined. The CITS was shown as a desirable qualification to provide training and teaching in concerned trades under the qualifications prescribed for direct recruitment. ... The rule framed under Article 309 of the Constitution of India, the Rules of 2018 was brought out on 11.05.2019 and it was specified that it shall come into force immediately as seen from Rule 1(3). ... The proposal of enhancing the recruitment qualification for the post of Vocational Training Ins....
i) a Central or State Government University can conduct courses on its own departments, its constituent colleges and/or through its affiliated colleges; Sir/Madam, The University Grants Commission has from time to time been notifying its policy on territorial jurisdiction and offering of programmes through off campuses/centres/study centres by Universities/Institutions. Vide its Public Notice No. F.27-1/2012 (CPP-II), dated 27th June 2013 (copy enclosed), UGC has notified its policy on territorial jurisdiction to be followed by all Universities/Institutions including Open....
Regional Recruitment Boards shall conduct the recruitments for male candidates at such Recruitment Centres as specified by the Chairman Central Recruitment Boards. The Substance Abuse(Drug Addiction) Test (SAT), Physical Screening Test (PST) and Physical Measurement Test (PMT) shall be conducted at such centres as may be decided. The Substance Abuse (Drug Addiction) Test (SAT), the Physical Screening Test (PST) and the Physical Measurement Test (PMT) of a candidate shall be conducted on a single day, and the entire process shall be got video-graphed.
Act and in no case beyond the territory of the state of its location. Recently vide its Public Notice No. F 27-1/2012(CPP-II) dated 27th June 2013 (copy enclosed), UGC has notified its policy on territorial jurisdiction to be followed by all Universities/Institutions including Open and Distance Learning Institutions, which is as under: (i) a Central or State Government University can conduct courses on its own departments, its constituent colleges and/or through its affiliated colleges; (ii) a University established or incorporated by or under a State Act shall operate only....
Act and in no case beyond the territory of the state of its location. Recently vide its Public Notice No. F 27-1/2012(CPP-II) dated 27th June 2013 (copy enclosed), UGC has notified its policy on territorial jurisdiction to be followed by all Universities/Institutions including Open and Distance Learning Institutions, which is as under: (ii) a University established or incorporated by or under a State Act shall operate only within the territorial jurisdiction allotted to it under its (i) a Central or State Government University can conduct courses on its own departments, its constit....
Act and in no case beyond the territory of the state of its location. Recently vide its Public Notice No. F 27-1/2012(CPP-II) dated 27th June 2013 (copy enclosed), U.G.C. has notified its policy on territorial jurisdiction to be followed by all Universities/Institutions including Open and Distance Learning Institutions, which is as under: (i) a Central or State Government University can conduct courses on its own departments, its constituent colleges and/or through its affiliated colleges; (ii) a University established or incorporated by or under a State Act shall operate o....
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