MISS SHAINDA HASAN versus STATE OF UTTAR PRADESH AND ORS.

MISS SHAINDA HASAN versus STATE OF UTTAR PRADESH AND ORS.

The Selection Committee arbitrarily relaxed the qualification of experience without explicit power or advertisement notification; however, the requirement of working knowledge of Urdu is lawful and justified for a minority college Principal.

Parties
Appellant: Miss Shainda Hasan; Respondents: State of Uttar Pradesh and Ors.
Jurisdiction
India
Judgment Date
25 April 1990
Procedural Posture
Civil Appeal / Supreme Court Appeal From Allahabad High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Minority Institutions, Appointment of Principal, Qualifications, University Regulatory Powers, Article 30(1), Relaxation of Qualifications
Constitutional Law Service Law Education Law Minority Institutions Appointment of Principal Qualifications University Regulatory Powers Article 30(1) +1 more

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Parties

Miss Shainda Hasan

Appellant

State of Uttar Pradesh and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From Allahabad High Court Judgment

Legal Issues

  1. 1 Whether withholding approval of appointment by University is violative of Article 30(1) for a religious minority institution
  2. 2 Whether relaxation of experience qualification by Selection Committee was justified without explicit power or advertisement indication
  3. 3 Whether requirement of 'working knowledge of Urdu' is unjust for a Principal in a Muslim minority college

Ratio Decidendi

The Selection Committee arbitrarily relaxed the qualification of experience without explicit power or advertisement notification; however, the requirement of working knowledge of Urdu is lawful and justified for a minority college Principal.

Court Disposition

Appeal dismissed

Orders

  • Lucknow University and its Vice Chancellor are directed to grant necessary approval to appellant's appointment as Principal from the date she started holding the post.
  • Appellant is entitled to salary, allowances, and all consequential benefits as regular Principal.