NAUSHAD ANWAR & ORS. versus STATE OF BIHAR & ORS.

NAUSHAD ANWAR & ORS. versus STATE OF BIHAR & ORS.

Degrees in Library Science obtained by Distance Education mode from Algappa University must be recognised for appointment as librarians since post facto recognition was granted during the selection process and no prejudice is caused to other candidates; the relaxed standard for eligibility applies and appellants are to be treated as eligible for appointment against vacancies, depending on their inter se merit.

Parties
Appellant: Naushad Anwar & Ors.; Respondent: State of Bihar & Ors.
Jurisdiction
India
Judgment Date
01 April 2014
Procedural Posture
Civil Appeal / Appeal From Patna High Court, Final Decision
Outcome
Appeals allowed; High Court order set aside.
Legal Topics
Appointment, Recognition of Qualifications, Selection Process, Delay in Selection, Distance Education
Service Law Appointment Recognition of Qualifications Selection Process Delay in Selection Distance Education

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Parties

Naushad Anwar & Ors.

Appellant

State of Bihar & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Patna High Court, Final Decision

Legal Issues

  1. 1 Whether degrees in Library Science obtained by Distance Education from Algappa University, later recognised by Distance Education Council, entitle appellants to appointment as school librarians in Bihar
  2. 2 Whether post facto recognition is valid for eligibility under selection rules

Ratio Decidendi

Degrees in Library Science obtained by Distance Education mode from Algappa University must be recognised for appointment as librarians since post facto recognition was granted during the selection process and no prejudice is caused to other candidates; the relaxed standard for eligibility applies and appellants are to be treated as eligible for appointment against vacancies, depending on their inter se merit.

Court Disposition

Appeals allowed; High Court order set aside.

Orders

  • Respondents are directed to consider appellants for appointment against available vacancies, treating them eligible for such appointment.
  • Appointment orders to be issued depending upon their inter se merit vis-a-vis other candidates competing for unfilled vacancies, if otherwise found fit and suitable.