S.K KUSHWAHA versus D.K. JOSHI AND ORS.

S.K KUSHWAHA versus D.K. JOSHI AND ORS.

To be eligible for selection as Principal, a candidate must ordinarily have one of the academic qualifications under clause (a) (either M.A. (Education) with B.Ed. or Master’s degree in any subject with M.Ed.) as well as a qualification under clause (b) (M.Phil degree or a recognised degree beyond Master’s level or published research work). Only if a candidate with both qualifications is unavailable or unsuitable may one possessing only (a) be appointed. Lacking M.Ed., appellant cannot claim under clause (c); Executive Council can relax the educational qualification but must do so with proper authority and reasoning.

Parties
Appellant: S.K. Kushwaha; Respondent: D.K. Joshi; Respondent: Kurukshetra University
Jurisdiction
India
Judgment Date
18 March 2002
Procedural Posture
Civil Appeal / Appeal From Punjab and Haryana High Court Decision in C.w.p. No. 1082 of 1999
Outcome
Judgment of High Court set aside; appeal allowed; matter remitted to High Court for fresh consideration
Legal Topics
Selection to the Post of Principal, Academic Qualifications, Relaxation of Qualifications, Interpretation of University Ordinance
Service Law Selection to the Post of Principal Academic Qualifications Relaxation of Qualifications Interpretation of University Ordinance

Case Brief

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Parties

S.K. Kushwaha

Appellant

D.K. Joshi

Respondent

Kurukshetra University

Respondent

Procedural Posture

Civil Appeal / Appeal From Punjab and Haryana High Court Decision in C.w.p. No. 1082 of 1999

Legal Issues

  1. 1 Whether B.Ed. or M.Ed. qualification is essential for selection to the post of Principal of University College of Education
  2. 2 Whether such requirement could be relaxed and whether relaxation was actually exercised by the competent authority

Ratio Decidendi

To be eligible for selection as Principal, a candidate must ordinarily have one of the academic qualifications under clause (a) (either M.A. (Education) with B.Ed. or Master’s degree in any subject with M.Ed.) as well as a qualification under clause (b) (M.Phil degree or a recognised degree beyond Master’s level or published research work). Only if a candidate with both qualifications is unavailable or unsuitable may one possessing only (a) be appointed. Lacking M.Ed., appellant cannot claim under clause (c); Executive Council can relax the educational qualification but must do so with proper authority and reasoning.

Court Disposition

Judgment of High Court set aside; appeal allowed; matter remitted to High Court for fresh consideration

Orders

  • Matter remitted to High Court for fresh consideration in light of declaration of law and observations made in this judgment
  • No costs