Supremacy of Central NCISM Regulations Over Inconsistent State Executive Instructions in Faculty Promotions
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Case: SUREKHA TATERAO LANDGE v. THE STATE OF MAHARASHTRA, THR. SECRETARY, DEPT. OF MEDICAL EDUCATION AND DRUGS, MUMBAI AND ORS
Court: Bombay High Court
Date: 21-07-2026
Law: National Commission for Indian System of Medicine Act, Constitution of India.
Highlights of the Judgment:
- An examination of the supremacy of Central statutory regulations over State executive instructions in matters of academic promotion.
- Interpretation of the National Commission for Indian System of Medicine (NCISM) Regulations, 2022, regarding faculty eligibility.
- Application of the legal principle that administrative directions cannot override, amend, or restrict statutory rules.
- Analysis of the disjunctive "or" in statutory notifications to establish independent modes of eligibility for the post of Professor.
- Judicial review of State orders under Article 226 of the Constitution of India concerning arbitrary recruitment criteria.
- Discussion on the binding nature of standards set by apex regulatory bodies on affiliated colleges and State governments.