Legal provisions involved: AICTE Career Advancement Scheme (CAS) Regulations, 2012 and State Government Engineering Colleges Recruitment Rules, 2012

Judgement by: Supreme Court of India

Judge/Bench: Justice P.S. Narasimha and Justice Alok Aradhe

Facts

The Gujarat Public Service Commission issued an advertisement in September 2015 to recruit Professors for government engineering colleges. As per State rules, selection was based on a personal interview. One candidate appeared for the interview but did not score the required marks. After failing, she challenged the process, saying that AICTE’s Career Advancement Scheme rules should have been followed instead of interview-based selection.

Key legal provisions

AICTE Career Advancement Scheme (CAS) Regulations, 2012 

State Government Engineering Colleges Recruitment Rules, 2012

Issues raised

Whether AICTE Career Advancement rules be applied to fresh recruitment carried out by a State Public Service Commission?

Arguments of the case

The candidate argued that AICTE rules should apply to all appointments. The Commission argued that CAS rules are only for promotions, not for direct recruitment.

Judgement

The Supreme Court ruled in favour of the Commission. It held that CAS rules are meant to help existing teachers move ahead in their careers and cannot be used for fresh recruitment. The court also said that once a candidate takes part in the selection process, they cannot challenge it after failing. The High Court’s decision was set aside and the recruitment was upheld.

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