CHANDIGARH ADMININISTRATION THROUGH THE DIRECTOR PUBLIC INSTRUCTIONS (COLLEGES), CHANDIGARH' versus CHANDIGARH EDUCATIONAL SERVICE (GROUP GAZETTED) GOVERNMENT ARTS AND SCIENCE

Citation: [2011] 12 S.C.R. 398 · Decided: 02-09-2011 · Supreme Court of India · Bench: R.V. RAVEENDRAN · Disposal: Appeal(s) allowed

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Judgment (excerpt)

(2011) 12 S.C.R. 398 
A 
CHANDIGARH ADMININISTRATION THROUGH THE 
DIRECTOR PUBLIC INSTRUCTIONS (COLLEGES), 
CHANDIGARH' 
V. 
USHA KHETERPAL WAIE AND ORS. 
B 
(Civil Appeal No. 7570 of 2011) 
SEPTEMBER 02, 2011 
[R.V. RAVEENDRAN AND MARKANDEY KAT JU, JJ.] 
C 
CHANDIGARH EDUCATIONAL SERVICE (GROUP A 
GAZETTED) GOVERNMENT ARTS AND SCIENCE 
COLLEGE 
RULES, 
2000: 
Appel/ant-Chandigarh 
Administration notified 2000 Rules which were framed in 
consultation with UPSC and sent to the Government of India 
D for being issued in the name of President of India - Pending 
consideration of the Rules, the impugned advertisement in 
terms of 2000 Recruitment Rules issued prescribing Ph.D. as 
eligibility criteria for appointf!1ent to the post of Principal -
Validity of the advertisemen(- Held: At the time of notifying 
E 2000 Rules, appellant had no inkling that there would be 
inordinate delay or the Rules may not be notified by the 
President - The appellant had the clear intentkm to enforce 
the 2000 Rules in future as tf:ley had been made in 
consultation with UPSC, in accordance with the UGC 
F 
guidelines and the Rules were sent to the Central Government 
for being notified by the President and the matter was pending 
consideration for a few months when the advertisement was 
issued -
Therefore, the advertisement in terms of 2000 
Recruitment Rules was valid - Even in the absence of valid 
rules, it cannot be said that tl1e advertisement was invalid -
G In exercise of ifs executive power, the appellant could issue 
administrative instructions from time to time in regard to all 
maters which were not governed by any statute or rules made 
under the Constitution or a statute. 
H 
398 
CHANDIGARH ADMN. TH. THE DIR. PUB. INSTN. v. 399 
USHA KHETERPAL WAIE 
ADMINISTRATIVE LAW.· Executive action - Judicial A 
review of - Held: Courts and tribunals can neither prescribe 
the qualifications for any recruitment nor entrench upon the 
power of the concerned authority so long as the qualifications 
prescribed by the employer is reasonably relevant and has 
a rational nexus with the functions and duties attached to the B 
post and are not violative of any provision of Constitution, 
statute and Rules - Chandigarh Educational Service (Group 
A Gazetted) Government Arts and Science College Rules, 
2000. 
. 
SERVICE LAW.· Selection - Mode of selection - Held: C 
It is for the rule-making authority or the appointing authority · 
to prescribe the mode of selection and minimum qualification 
for any recruitment. 
The appellant framed and notified the "Chandigarh D 
Educational Service (Group A Gazetted) Government Arts 
and Science College Rules, 2000 by notification dated 
29.3.20Q.O published in the Gazette dated 1 A.2000. The 
said Rules were framed in consultation with. the Union 
Public Service Commission (UPSC) and sent to the E 
Government of India for being issued in the name of the 
President of India. As per the said Rules, the appointment 
to the posts of Principal in Government Arts and Science 
Colleges was 25% by direct recruitment and 75% by 
promotion. The said rules prescribed the educational F 
qualification of Ph.D. for appointment to the post of 
Priricipal by direct recruitment. The appellant advertised 
a post of Principal {which was falling vacant on 31.7.2001) 
on 14.7.2001 prescribing the following eligibility criteria 
as per the said Rules: "Educational and other G 
qualifications required for direct recruits: Essential: (i) A 
Doctorate degree or equivalent with at least 55% marks 
at the Master's Degree level from a recognized university 
or equivalent; (ii) 12 years teaching experience of degree 
classes in a college affiliated to a university or equivalent. H 
400 
SUPREME COURT REPORTS 
[2011] 12 S.C.R. 
A 
Respondents 1 to 4 had joined UT Colleges (Arts & 
Science) cadre in 1969 and 1970 and were serving as 
lecturers in the Government Arts and Science Colleges. 
None of them possessed a Ph.D. degree. They filed OA 
before the Central Administrative Tribunal challenging the 
B said Recruitment Rules and the advertisement dated 
14.7.2001, as unconstitutional and for a direction that they 
along with other eligible candidates from the UT cadre 
should be considered for promotion to the said post. The 
Tribunal allowed the application and held that in the 
c absence of any recruitment rules prescribing such 
qualification, Ph.D. degree was not an eligibility 
requirement for the post of Principal. The Tribunal, 
t

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