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Hitendra Singh, son of Bhupendra Singh, and others v. Dr. P. D. Krishi Vidyapeeth and others

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 4412 of 2014)Decided 4 Apr 2014
Civil Appeal No. 4412 of 2014
Justice T.S. Thakur · Justice C. Nagappan

Background

An agricultural university appointed 131 research assistants although it had advertised sixty-one vacancies. A Chancellor-appointed inquiry found manipulated marks, excessive interview weight, unauthorised increases in posts and other widespread irregularities. The university cancelled the appointments after hearings, and the employees argued that the Chancellor lacked power and that their six years of service justified retaining them.

Decision Breakdown

The Supreme Court upheld cancellation and dismissed the appeals, subject to transitional relief. The Chancellor's statutory powers covered recruitment inquiries, and the employees had participated in the inquiry and subsequent hearing without demonstrating prejudice. Widespread defects vitiated the whole selection, and long service could not legitimise it. The university had to constitute the statutory Selection Board and conduct fresh recruitment within six months. The appellants could compete with age relaxation and continue temporarily for six months or until completion, whichever came first; successful candidates would receive continuity of service, while others would leave.

Lesson Learnt

Years spent in a post did not cure a selection corrupted by widespread irregularities. These employees received a fair chance to compete again, with age protection and continuity if selected, rather than permanent validation of the invalid recruitment.

Official source (sci.gov.in)View Judgment (PDF)

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