P.K.RAMACHANDRA IYER & ORS. versus UNION OF INDIA & ORS.

P.K.RAMACHANDRA IYER & ORS. versus UNION OF INDIA & ORS.

ICAR is an instrumentality of the State; denial of revised pay scales to existing professors was discriminatory and arbitrary. Selection Committee's relaxation of essential qualifications for preferred candidate was invalid, making the selection unlawful. ASRB lacked power in rules to prescribe minimum qualifying marks at viva voce test; merit list ought to be by aggregate marks. High Court's lack of jurisdiction does not bar Supreme Court from granting relief.

Parties
Petitioner: P.K. Ramachandra Iyer & Ors.; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
16 December 1983
Procedural Posture
Writ Petitions and Appeals (including Review Petitions and Special Leave Petitions) / Final Judgment and Orders
Outcome
Appeals and petitions allowed
Legal Topics
Instrumentality of State Under Article 12, Discrimination in Pay Scales, Jurisdiction for Writs, Relaxation of Essential Qualifications, Procedure in Selection and Recruitment, Minimum Qualifying Marks for Viva Voce
Constitutional Law Administrative Law Employment Law Instrumentality of State Under Article 12 Discrimination in Pay Scales Jurisdiction for Writs Relaxation of Essential Qualifications Procedure in Selection and Recruitment +1 more

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Parties

P.K. Ramachandra Iyer & Ors.

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petitions and Appeals (including Review Petitions and Special Leave Petitions) / Final Judgment and Orders

Legal Issues

  1. 1 Is the Indian Council of Agricultural Research (ICAR) an 'instrumentality of State' under Article 12?
  2. 2 Was denial of revised pay scales to existing professors discriminatory under Article 14?
  3. 3 Does the Selection Committee have jurisdiction/power to relax essential qualifications?

Ratio Decidendi

ICAR is an instrumentality of the State; denial of revised pay scales to existing professors was discriminatory and arbitrary. Selection Committee's relaxation of essential qualifications for preferred candidate was invalid, making the selection unlawful. ASRB lacked power in rules to prescribe minimum qualifying marks at viva voce test; merit list ought to be by aggregate marks. High Court's lack of jurisdiction does not bar Supreme Court from granting relief.

Court Disposition

Appeals and petitions allowed

Orders

  • ICAR directed to place three petitioners in revised pay scale of Rs. 1100-1600 effective from the date similar posts were revised.
  • ICAR directed to grant Dr. Y.P. Gupta the pay scale of Rs. 1800-2250 from the same date as respondent No. 6, with arrears paid within 3 months; Dr. Gupta to be reinstated as faculty member within 3 months.