RAM SINGH SAINI versus H. N. BHARGAVA
The requirement that a teaching post be readvertised if not filled within one year of the Selection Committee's recommendation is mandatory, not directory. Appointment without readvertisement after this period is invalid. The statute is within the rule-making power conferred by section 31(aa) of the Act.
- Parties
- Appellant: Ram Singh Saini; Respondent: H. N. Bhargava
- Jurisdiction
- India
- Judgment Date
- 28 July 1975
- Procedural Posture
- Civil Appeal / Appeal by Special Leave From Madhya Pradesh High Court Judgment Dated 9 July 1973
- Outcome
- Appeal dismissed
- Legal Topics
- Statute Interpretation, Appointment to Teaching Posts, University Statutes, Mandatory Vs Directory Provisions, Rule Making Powers
Case Brief
Summary, issues, holding and outcome
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Parties
Ram Singh Saini
Appellant
H. N. Bhargava
Respondent
Procedural Posture
Civil Appeal / Appeal by Special Leave From Madhya Pradesh High Court Judgment Dated 9 July 1973
Legal Issues
- 1 Whether the statute requiring readvertisement of the post after one year is mandatory or directory
- 2 Whether the statute is beyond the rule-making power conferred by section 31(aa) of the Saugar University Act
- 3 Whether the writ issued was appropriate given the nature of the office
Ratio Decidendi
The requirement that a teaching post be readvertised if not filled within one year of the Selection Committee's recommendation is mandatory, not directory. Appointment without readvertisement after this period is invalid. The statute is within the rule-making power conferred by section 31(aa) of the Act.
Court Disposition
Appeal dismissed
Orders
- No order as to costs
Full Case Text
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