Validity of University Approvals, NET/SET Exemptions, and Recovery of Pay Scale Reductions

sketch of the Bombay High Court
Case
SHAIKH MUKTAR FAKIR v. THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS (Bombay High Court, 05-10-2026)
Law
Constitution of India.

Highlights of the Judgment:

  • Examination of whether the State can challenge permanent approvals granted by a University to college teachers.
  • Interpretation of exemptions from NET/SET qualifications for Assistant Professors appointed prior to October 13, 1992.
  • Application of the principle of audi alteram partem regarding unilateral pay scale reductions and salary recoveries.
  • Entitlement to Career Advancement Scheme benefits computed from the initial date of appointment.
  • Judicial precedent concerning arbitrary executive actions penalizing employees without prior notice or hearing.