STATE OF ORISSA & ANR. versus MAMATA MOHANTY

Citation: [2011] 2 S.C.R. 704 · Decided: 09-02-2011 · Supreme Court of India · Bench: P. SATHASIVAM · Disposal: Disposed off

Cited by 4 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
[2011] 2 S.C.R. 704 
STATE OF ORISSA & ANR. 
v. 
MAMATA MOHANTY 
(CIVIL APPEAL NO. 1272 OF 2011 ETC.) 
FEBRUARY 9, 2011 
[P. SATHASIVAM AND DR. B.S. CHAUHAN, JJ.] 
SERVICE LAW: 
C 
OR/SSA 
EDUCATION 
(RECRUITMENT 
AND 
CONDITIONS OF SERVICE OF TEACHERS AND 
MEMBERS OF THE STAFF OF AIDED EDUCATIONAL 
INSTITUTIONS) RULES, 1974 : 
Rules 2(1), 4 to 7 - Lecturers receiving grant-in-aid -
D Claiming UGC pay scale w.e.f 1.1.1986, as per Notification 
dated 6.10.1989 -
Writ petitions allowed by High Court 
placing reliance on earlier decisions - Held : Questions 
raised in instant appeals had never been considered by 
courts earlier - A teacher who had been appointed without 
E possessing the requisite qualification at initial stage, cannot 
get the benefit of grant-in-aid scheme unless he/she acquires 
the additional qualification and, therefore, question of grant 
of UGC pay scale would not arise unless such teacher 
acquires the additional qualification for benefit of grant-in-aid 
F scheme - However, terminating the services of those who had 
been appointed illegally and/or withdrawing the benefit of 
grant-in-aid scheme would not be desirable as a long period 
has elapsed - But, UGC pay scale cannot be granted prior 
to the date of acquisition of higher qualification - Delay/ 
G /aches -Constitution of India, 1950 - Articles 14, and 16 and 
21 - Stare decisis - Rule of per incurium. 
H 
CONSTITUTION OF IND/A, 1950 : 
Article 226 - Writ petition - Limitation for filing of - Held 
704 
STATE OF ORISSA & ANR. v. MAMATA MOHANTY 
705 
' 
: Doctrine of limitation being based on public policy is A 
applicable to writ petitions which may be dismissed at initial 
stage on ground of delay and /aches - Relief granted in 
similar case cannot furnish a proper explanation for delay/ 
/aches - Limitation Act, 1963 - s.3 
B 
Article 226 ..:. Writ petition - Held : Relief not founded on 
pleadings should not be granted - Relief - Pleadings. 
Article 14 -Held : Does not envisage negative equality 
· -The principle also applies to judicial pronouncements ..:. 
Once the court comes to the conclusion that a wrong order · C 
has been passed, it becomes the solemn duty of the court to 
rectify the mistake. 
Articles 14 and 16 -Held: Even if names of candidates 
are requisitioned from Employment Exchange, in addition o 
thereto, it is mandatory on the part of employer to invite 
applications from open market by advertising the vacancies 
in newspapers having wide circulation or by announcement 
in Radio and Television -Service Law -Appointments. 
Article 14 and 16 - Relaxation or condoning of deficiency ·· E 
- Held : Granting relaxation subsequently amounts to change 
of criteria after issuance of advertisement and is violative of 
fundamental rights enshrined under Articles 14 and 16 of 
similarly situated persons who did not apply for want of 
eligibility - An appointment which is bad in inception does not 
F 
get sanctified at a later stage -Concept of adverse possession 
of lien on post or holding over are not applicable in service 
jurisprudence - A person not possessing the requisite 
qualification cannot hold the post nor can he approach the 
court as he does not have a right which can be enforced G 
through court - Service Law - Relaxation in eligibility. 
Article 21-A -Education -Held : It is not permissible for 
State while controlling education to impinge the standard of 
education -Paucity of funds cannot be a ground for State not 
H 
706 
SUPREME COURT REPORTS 
(2011) 2 S.C.R. 
A to provide quality education to its future citizens -Therefore, 
State provides grant-in-aid to private schools -However, while 
granting recognition and affiliation, it is mandatory to adhere 
to the conditions imposed which include the minimum 
eligibility for appointment of teaching staff -The selection of 
8 
the most suitable persons is essential in order to maintain 
excellence and the standard of teaching - Service Law -
Eligibility of teaching staff. 
c 
CIRCULARS/GOVERNMENT ORDERS/ 
NOT/FICA TIONS: 
Circulars/Letters - Filing of in courts - HELD: Some of 
the Circulars/letters! orders filed in court may not be in 
conformity with law and may be violative of the mandatory 
provisions of the Constitution - Such circulars/letters cannot 
o be given effect to. 
STARE DEC/SIS : 
Rule of per incurium -Held : Courts have developed this 
principle in relaxation of the rule of stare decisis -Thus, the 
E "quotable in lawn is avoided and ignored if 

Excerpt shown. Read the full judgment & AI analysis in Lexace.