MANDEEP SINGH v. STATE OF PUNJAB
Discusses the interpretation of constitutional provisions, statutory regulations, and principles of fairness in government appointments.
Court: Supreme Court of India
Citation: 2025 INSC 834
Decision Date: 14-07-2025
List of Laws
Constitution of India, 1949; University Grants Commission (UGC) Act, 1956; UGC Regulations; Punjab Public Service Commission (Limitation of Functions) Regulations, 1955; Government of India Act, 1919; Punjab Educational Service (College Cadre) (Class II) Rules, 1976
- Constitution of India, 1949: The judgment extensively discusses Article 320, specifically Article 320(3), concerning the functions of Public Service Commissions. It analyzes whether consultation with the Commission is mandatory or directory, referencing the case of State of U.P v. Manbodhan Lal Srivastava (1957 SCC OnLine SC 4). The judgment distinguishes between Article 320(3)(a), relating to recruitment, and Article 320(3)(c), relating to disciplinary matters, arguing that Manbodhan Lal Srivastava dealt with the latter. It emphasizes that Article 320(3)(a) "states that the State Public Service Commission 'shall be consulted on all matters relating to methods of recruitment to civil services and for civil posts'". The judgment also refers to the proviso to Article 320(3), which empowers the Governor to make regulations specifying matters in which consultation with the Public Service Commission is unnecessary. The judgment also mentions Article 311(2) regarding show cause notice. The judgment also refers to Article 14 regarding arbitrariness. The judgment also refers to Article 254 regarding repugnancy.
- University Grants Commission (UGC) Act, 1956: The judgment discusses the UGC Act, 1956, and its role in setting up the UGC as an expert body. It refers to Section 26(1)(e) and (g) of the Act, which empower the UGC to frame regulations regarding qualifications and standards for teaching staff. The judgment notes that the UGC (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2010 were framed under these sections. The judgment also notes that UGC Regulations become part of the Act. The judgment also notes that every rule and regulation made under the said Act, shall be laid before each House of Parliament.
- UGC Regulations: The judgment extensively discusses the UGC Regulations, particularly the 2010 Regulations and their adoption by the State of Punjab. It analyzes whether the 2010 Regulations were adopted by incorporation or by reference, concluding that it was by incorporation. The judgment notes that the adoption of 2010 UGC Regulations by the State vide order dated 30.07.2013 was an adoption by incorporation and not an adoption by mere reference. It also discusses the impact of the 2018 UGC Regulations, which superseded the 2010 Regulations, and whether they were applicable in the State of Punjab. The judgment refers to a recent judgment of a Division Bench of this Court in Gambhirdan K. Gadhvi v. State of Gujarat (2022) 5 SCC 179, it is held that UGC Regulations have a mandatory character and are binding on all universities, State or Central, that have opted to receive the financial assistance of the UGC under its Scheme dated 31.12.2008.
- Punjab Public Service Commission (Limitation of Functions) Regulations, 1955: The judgment discusses the Punjab Public Service Commission (Limitation of Functions) Regulations, 1955, and the procedure prescribed for excluding posts from the purview of the Commission. It refers to Part III-B and Part III-C of the Regulations, which provide a procedure for the exclusion of posts/services from the purview of the Commission. The judgment quotes Regulation 20, which outlines the procedure to be followed for excluding posts/services from the purview of the Punjab Public Service Commission. The judgment also quotes Regulation 21, which outlines the procedure to be followed in cases of difference of opinion between a Department of Government and the Commission.
- Government of India Act, 1919: The judgment mentions Section 96C of the Government of India Act, 1919, which provided for the establishment of a Central Public Service Commission in India. The judgment also mentions that the Commission was formed as contemplated under the Government of India Act, 1919.
- Punjab Educational Service (College Cadre) (Class II) Rules, 1976: The judgment mentions the Punjab Educational Service (College Cadre) (Class II) Rules, 1976, and notes that while these rules were applicable to the recruitment, they only mandate that the recruitment to posts of Assistant Professors and Librarians should be through direct recruitment and do not prescribe any mode or method of recruitment.
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