MRS. REKHA CHATURVEDI versus UNIVERSITY OF RAJASTHAN AND ORS.

MRS. REKHA CHATURVEDI versus UNIVERSITY OF RAJASTHAN AND ORS.

In the absence of a fixed date for qualifications in the advertisement/notification, the last date for submission of applications is the date with reference to which qualifications must be judged. Selection Committee's consideration of qualifications obtained after that date is illegal; nevertheless, the Court declined to interfere with the appointments due to elapsed time and continued service.

Parties
Petitioner: MRS. REKHA CHATURVEDI; Respondent: UNIVERSITY OF RAJASTHAN AND ORS.
Jurisdiction
India
Judgment Date
13 January 1993
Procedural Posture
Special Leave Petition (civil) / Supreme Court Order Following High Court Dismissal
Outcome
Special Leave Petition dismissed
Legal Topics
Selection of Assistant Professors, Requisite Qualifications, Relaxation of Qualifications, University Selection Process
Service Law Education Law Selection of Assistant Professors Requisite Qualifications Relaxation of Qualifications University Selection Process

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Parties

MRS. REKHA CHATURVEDI

Petitioner

UNIVERSITY OF RAJASTHAN AND ORS.

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Order Following High Court Dismissal

Legal Issues

  1. 1 Whether the requisite qualifications for university appointment must be possessed as of the last date for application or as of the date of selection
  2. 2 Legality of relaxing minimum required qualifications not specified in the advertisement/notification

Ratio Decidendi

In the absence of a fixed date for qualifications in the advertisement/notification, the last date for submission of applications is the date with reference to which qualifications must be judged. Selection Committee's consideration of qualifications obtained after that date is illegal; nevertheless, the Court declined to interfere with the appointments due to elapsed time and continued service.

Court Disposition

Special Leave Petition dismissed

Orders

  • The University and its Selection Committee must follow the guidelines for future selection processes as laid down by the Court