{"id":31752,"date":"2011-09-02T00:00:00","date_gmt":"2011-09-01T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/chandigarh-admn-th-dir-pub-vs-usha-kheterpal-waie-ors-on-2-september-2011"},"modified":"2016-08-11T11:46:49","modified_gmt":"2016-08-11T06:16:49","slug":"chandigarh-admn-th-dir-pub-vs-usha-kheterpal-waie-ors-on-2-september-2011","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/chandigarh-admn-th-dir-pub-vs-usha-kheterpal-waie-ors-on-2-september-2011","title":{"rendered":"Chandigarh Admn. Th. Dir. Pub. &#8230; vs Usha Kheterpal Waie &amp; Ors on 2 September, 2011"},"content":{"rendered":"<div class=\"docsource_main\">Supreme Court of India<\/div>\n<div class=\"doc_title\">Chandigarh Admn. Th. Dir. Pub. &#8230; vs Usha Kheterpal Waie &amp; Ors on 2 September, 2011<\/div>\n<div class=\"doc_author\">Author: R.V.Raveendran<\/div>\n<div class=\"doc_bench\">Bench: R.V. Raveendran, Markandey Katju<\/div>\n<pre>                                                     1\n\n\n\n\n                                                                          Reportable\n\n\n                    IN THE SUPREME COURT OF INDIA\n\n\n                     CIVIL APPELLATE JURISDICTION\n\n\n                      CIVIL APPEAL NO. 7570 OF 2011\n\n                     [Arising out of SLP (C) No.3568\/2006]\n\n\n\n\nChandigarh Administration through the\n\nDirector Public Instructions (Colleges), Chandigarh              ... Appellant\n\n\nVs.\n\n\nUsha Kheterpal Waie &amp; Ors.                                       ... Respondents\n\n\n\n\n\n                                 J U D G M E N T\n<\/pre>\n<p>R.V.RAVEENDRAN,J.\n<\/p>\n<p>       Leave granted.\n<\/p>\n<p>2.     There   are   four   Government   Arts   and   Science   colleges   in   Union <\/p>\n<p>Territory   of   Chandigarh.   Till   1988,   the   Chandigarh   Administration, <\/p>\n<p>appellant herein, used to fill the vacancies of the post of Principal of the Arts <\/p>\n<p>and Science colleges by deputation from neighbouring States of Punjab and <\/p>\n<p>Haryana.   When   the   post   of   Principal   in   Government   College   for   Boys, <\/p>\n<p><span class=\"hidden_text\">                                              2<\/span><\/p>\n<p>Sector   11,   Chandigarh   was   due   to   fall   vacant   on   29.2.1988   on <\/p>\n<p>superannuation   of   a   deputationist,   two   UT   cadre   lecturers   filed   an <\/p>\n<p>application before the Central Administrative Tribunal, Chandigarh, seeking <\/p>\n<p>a   direction   that   UT   cadre   lecturers   from   the   Government   Arts   &amp;   Science <\/p>\n<p>Colleges   should   be   considered   for   the   post   of   Principal   instead   of   taking <\/p>\n<p>someone   on  deputation   from  the   neighbouring   states.   The   said   application <\/p>\n<p>was   ultimately   disposed   of   with   a   direction   to   the   Chandigarh <\/p>\n<p>Administration to consider the case of the applicants and other lecturers of <\/p>\n<p>UT   cadre   who   may   fall   within   the   zone   of   consideration   as   may   be <\/p>\n<p>determined by a competent authority, for regular appointment to the post of <\/p>\n<p>Principals   of   the   Government   Arts   &amp;   Science   colleges,   on   the   basis   of <\/p>\n<p>relevant criteria, and appoint those who were found suitable. In pursuance of <\/p>\n<p>the said order, the Chandigarh Administration fixed 30 years experience as <\/p>\n<p>Lecturer as the eligibility criterion for promotion of lecturers to the post of <\/p>\n<p>Principal, though at that time (1989-90) there were no lecturer with 30 years <\/p>\n<p>experience in the cadre. As no UT cadre lecturer possessed such experience, <\/p>\n<p>again deputationists were appointed as Principals in the said colleges.\n<\/p>\n<p>3.     Feeling   aggrieved,   the   UT   cadre   lecturers   again   approached   the <\/p>\n<p>Tribunal and their applications were allowed by the Tribunal by order dated <\/p>\n<p><span class=\"hidden_text\">                                              3<\/span><\/p>\n<p>12.1.1991,   quashing   the   order   prescribing   30   years   experience   as   also   the <\/p>\n<p>order appointing deputationists. Thereafter, whenever vacancies arose, it is <\/p>\n<p>stated that the appellant promoted UT cadre lecturers as Principals. It may be <\/p>\n<p>mentioned that persons so promoted did not possess a Ph.D. degree.\n<\/p>\n<p>4.      By notification dated 13.1.1992, Chandigarh Administration adopted <\/p>\n<p>the   corresponding   Service   Rules   of   Punjab   with   effect   from   1.4.1991   to <\/p>\n<p>govern   the   conditions   of   service   of   its   employees,   where   it   had   no   rules <\/p>\n<p>governing   the   matter.   The   effect   of   it   was   that   the   provisions   of   Punjab <\/p>\n<p>Educational Service (College Grade) (Class I) Rules, 1976 (as amended in <\/p>\n<p>1983   (for   short   `1976   Punjab   Rules&#8217;)   became   applicable   in   regard   to   the <\/p>\n<p>recruitment of candidates to UT college cadre. Under the said 1976 Punjab <\/p>\n<p>Rules, the qualification and experience for appointment to the service was as <\/p>\n<p>under:  For   direct   recruitment  :   (a)   MA,   first   division   or   high   second <\/p>\n<p>division   (50%)   in   relevant   subject   or   an   equivalent   degree   of   a   foreign <\/p>\n<p>university with eight years teaching experience; (b) Ph.D. with eight years <\/p>\n<p>teaching experience; By promotion : Experience of working as a lecturer for <\/p>\n<p>a minimum period of eight years.\n<\/p>\n<p><span class=\"hidden_text\">                                               4<\/span><\/p>\n<p>5.     When   matters   stood   thus   the   Administrator,   Chandigarh <\/p>\n<p>Administration,   framed   and   notified   the   &#8220;Chandigarh   Educational   Service <\/p>\n<p>(Group A Gazetted) Government Arts and Science College Rules, 2000 (for <\/p>\n<p>short   `Recruitment   Rules&#8217;)   vide   notification   dated   29.3.2000   published   in <\/p>\n<p>the Gazette dated 1.4.2000. The said Rules were framed in consultation with <\/p>\n<p>the   Union   Public   Service   Commission   (`UPSC&#8217;   for   short)   and   sent   to   the <\/p>\n<p>Government of India for being issued in the name of the President of India.\n<\/p>\n<p>As   per   the   said   Rules,   the   appointment   to   the   posts   of   Principal   in <\/p>\n<p>Government Arts and Science Colleges was 25% by direct recruitment and <\/p>\n<p>75% by promotion. The said rules prescribed the educational qualification of <\/p>\n<p>Ph.D.   for   appointment   to   the   post   of   Principal   by   direct   recruitment.   The <\/p>\n<p>appellant   advertised   a   post   of   Principal   (which   was   falling   vacant   on <\/p>\n<p>31.7.2001) on 14.7.2001 prescribing the following eligibility criteria as per <\/p>\n<p>the said Rules :\n<\/p>\n<blockquote><p>       &#8220;Educational   and   other   qualifications   required   for   direct   recruits   : <\/p>\n<p>       Essential: (i) A Doctorate degree or equivalent with at least 55% marks at <\/p>\n<p>       the Master&#8217;s Degree level from a recognized university or equivalent; (ii) <\/p>\n<p>       12 years teaching experience of degree classes in a college affiliated to a <\/p>\n<p>       university or equivalent.&#8221;\n<\/p><\/blockquote>\n<blockquote>\n<\/blockquote>\n<p>6.     Respondents 1 to 4 had joined UT Colleges (Arts &amp; Science) cadre in <\/p>\n<p>1969   and   1970   and   were   serving   as   lecturers   in   the   Government   Arts   &amp; <\/p>\n<p>Science Colleges. None of them possessed a Ph.D. degree. They filed OA <\/p>\n<p><span class=\"hidden_text\">                                             5<\/span><\/p>\n<p>No.684\/CH\/2001 before the Central Administrative Tribunal challenged the <\/p>\n<p>said   Recruitment   Rules   and   the   advertisement   dated   14.7.2001,   as <\/p>\n<p>unconstitutional   and   for   a   direction   that   they   along   with   other   eligible <\/p>\n<p>candidates from the UT cadre should be considered for promotion to the said <\/p>\n<p>post. It was contended that the Administrator of the Union Territory had no <\/p>\n<p>power to make the said Recruitment Rules, as it was only the President of <\/p>\n<p>India   who   was   competent   to   frame   such   rules   under   Article   309   of   the <\/p>\n<p>Constitution   of   India.   They   also   contended   that   on   earlier   occasions   the <\/p>\n<p>appellant   had   promoted   lecturers   as   Principals   without   insisting   upon   the <\/p>\n<p>qualification  of  Ph.D.;  and  that  though they  did not  possess   Ph.D.  degree, <\/p>\n<p>having   regard   to   the   eligibility   criteria   earlier   being   applied,   they   were <\/p>\n<p>eligible for being considered for the post of Principals, and the Chandigarh <\/p>\n<p>Administration   should   fill   the   vacancies   of   Principals,   by   applying   the <\/p>\n<p>eligibility   criteria   which   was   prevalent   prior   to   the   making   of   the   said <\/p>\n<p>recruitment rules.\n<\/p>\n<p>7.     The appellant, in its statement of objections filed before the Tribunal <\/p>\n<p>conceded   that   the   &#8220;power  to  notify   the   recruitment  rules   for   Class   I  Posts <\/p>\n<p>vested   with   the   President   of   India&#8221;.   The   appellant   stated   that   they   had <\/p>\n<p>forwarded the Recruitment Rules to the government of India under cover of <\/p>\n<p><span class=\"hidden_text\">                                               6<\/span><\/p>\n<p>letter dated 21.9.2001, to notify the said Rules under the name of President <\/p>\n<p>of   India,   and   such   notification   was   awaited.   They   contended   that   pending <\/p>\n<p>publication   of   the   Rules,   they   could   resort   to   recruitment   in   terms   of   the <\/p>\n<p>draft   Rules   on   the   basis   of   administrative   instructions.   The   appellant   also <\/p>\n<p>contested   the   application   by   contending   that   the   post   in   question   was <\/p>\n<p>required   to   be   filled   under   the   direct   recruitment   quota,   and   none   of   the <\/p>\n<p>applicants were eligible as they did not possess Ph.D. degree, which was the <\/p>\n<p>qualification   prescribed   by   the   university   Grants   Commission   (`UGC&#8217;   for <\/p>\n<p>short)   and   approved   by   the   UPSC,   and   therefore   none   of   them   could   be <\/p>\n<p>considered for appointment to the said post.\n<\/p>\n<p>8.      The said application (OA No.648 &#8211; CH of 2001) was allowed by the <\/p>\n<p>Tribunal, by order dated 22.4.2002. The Tribunal held that in the absence of <\/p>\n<p>any recruitment rules prescribing such qualification, Ph.D. degree was not an <\/p>\n<p>eligibility requirement for the post of Principal. The Tribunal held that UGC <\/p>\n<p>guidelines   would   not   apply   as   the   Rules   providing   for   25%   by   direct <\/p>\n<p>recruitment was not in force; and that even if the new rules were to be duly <\/p>\n<p>framed,   such   Rules   would   apply   only   to   future   vacancies   and   not   to   the <\/p>\n<p>vacancies which arose on 31.7.2001. The Tribunal held that in the absence <\/p>\n<p>of any Rules, it was appropriate to take guidance from its earlier judgments <\/p>\n<p><span class=\"hidden_text\">                                               7<\/span><\/p>\n<p>dated   12.9.1989   and   12.11.1991   which   accepted   the   administrative <\/p>\n<p>instructions dated 20.8.1987 permitting UT cadre lecturers to be promoted as <\/p>\n<p>Principals, even though they did not possess any Ph.D. degree. The Tribunal <\/p>\n<p>also   rejected   the   contention   of   the   appellant   that   as   per   notification   dated <\/p>\n<p>13.1.1992, the 1976 Punjab Rules  became  applicable  under which 75% of <\/p>\n<p>the posts had to be filled by promotion and 25% by direct recruitment with <\/p>\n<p>Ph.D as an eligibility requirement, on the ground that no material was placed <\/p>\n<p>to show that the said 1976 Punjab Rules were ever followed for appointing <\/p>\n<p>Principals   in   UT   of   Chandigarh.   The   Tribunal   therefore   quashed   the <\/p>\n<p>advertisement dated 14.7.2001 inviting applications for the post of Principal <\/p>\n<p>and directed  the appellant  to fill the vacancy  according to law, keeping in <\/p>\n<p>view the eligibility criteria and the past practice till the Rules are framed and <\/p>\n<p>notified   by   the   competent   authority.   The   said   order   of   the   Tribunal   was <\/p>\n<p>challenged   by   the   appellant   before   the   High   Court.   The   High   Court <\/p>\n<p>dismissed the writ petition by impugned order dated 26.10.2005, affirming <\/p>\n<p>the findings of the Tribunal.\n<\/p>\n<p>9.      Feeling aggrieved, the appellant has filed this appeal by special leave <\/p>\n<p>raising  the  following   contentions:  (i)  When   appellant  has   framed  the  draft <\/p>\n<p>Rules in consultation with UPSC and had been placed the Rules before the <\/p>\n<p><span class=\"hidden_text\">                                              8<\/span><\/p>\n<p>central   government,   for   being   notified   under   the   name   of  the   President   of <\/p>\n<p>India,   pending   such     notification   of   the   Rules,   it   was   entitled   to   invite <\/p>\n<p>applications for the post of Principal in terms of the said Rules by treating <\/p>\n<p>them as draft rules under consideration. (ii) The Tribunal and the High Court <\/p>\n<p>could not substitute the eligibility requirements prescribed by the appellant.\n<\/p>\n<p>(iii) The Tribunal and the High Court could not have ignored the notification <\/p>\n<p>dated   13.1.1992   adopting   the   corresponding   Punjab   Rules   to   govern   the <\/p>\n<p>service   of   its   employees   wherever   there   were   no   rules   of   the   Chandigarh <\/p>\n<p>Administration. (iv) The 1976 Punjab Rules were applicable, and in terms of <\/p>\n<p>it, the advertisement for filling one post of Principal by direct recruitment by <\/p>\n<p>prescribing the eligibility requirement of Ph.D was valid. The appellant also <\/p>\n<p>pointed  out  that  another  bench  of  the  Tribunal  by  order  dated   3.8.1995  in <\/p>\n<p>OA No.844-CH of 1994 has clearly held that the 1976 Punjab Rules would <\/p>\n<p>apply   to   recruitment\/employment,   having   regard   to   the   notification   dated <\/p>\n<p>13.1.1992 of the Chandigarh Administration adopting the Punjab Rules; and <\/p>\n<p>as there was a clear divergence between the two decisions of the Tribunal, <\/p>\n<p>the   High   Court   could   not   have   mechanically   affirmed   the   decision   of   the <\/p>\n<p>Tribunal that the 1996 Punjab Rules were inapplicable.\n<\/p>\n<p><span class=\"hidden_text\">                                             9<\/span><\/p>\n<p>10.    The first question for our consideration is whether the appellant could <\/p>\n<p>have prescribed  in the advertisement, the educational  qualifications for the <\/p>\n<p>post of Principal in terms of its 2000 Recruitment rules. The Administrator <\/p>\n<p>of the Chandigarh Administration made the Chandigarh Educational Service <\/p>\n<p>(Group A) Gazetted Government Arts &amp; Science College Rules, 2000 vide <\/p>\n<p>notification dated 29.3.2000 and published it in the Gazette dated 1.4.2000.\n<\/p>\n<p>The said Rules were made in consultation with the UPSC, taking note of the <\/p>\n<p>UGC   guidelines   prescribing   Ph.D.   degree   as   an   eligibility   criteria   for   the <\/p>\n<p>post of Principals to be filled by direct recruitment. The Rules were sent to <\/p>\n<p>the Central Government for being notified in the name of the President of <\/p>\n<p>India   and   were   pending   consideration.   It   is   in   these   circumstances   the <\/p>\n<p>appellant advertised the post in terms of the said Rules, by prescribing the <\/p>\n<p>educational   qualification   of   Ph.D.   for   direct   recruitment   to   the   post   of <\/p>\n<p><a href=\"\/doc\/889165\/\">Principal.   In  Abraham   Jacob   vs.   Union   of   India<\/a>  [1998   (4)   SCC   65],   this <\/p>\n<p>Court held that where draft rules have been made, an administrative decision <\/p>\n<p>taken to make promotions in accordance with the draft rules which were to <\/p>\n<p>be finalized later on, was valid. <a href=\"\/doc\/768172\/\">In Vimal Kumari vs. State of Haryana<\/a> [1998 <\/p>\n<p>(4) SCC 114], this Court held that it is open to the Government to regulate <\/p>\n<p>the service conditions of the employees for whom the rules were made, even <\/p>\n<p>if they were in their draft stage, provided there is a clear intention on the part <\/p>\n<p><span class=\"hidden_text\">                                                   10<\/span><\/p>\n<p>of the Government to enforce those rules in the near future. In this case, the <\/p>\n<p>High   Court   however   rejected   the   advertisement   on   the   ground   that   the <\/p>\n<p>regular rules were not notified by the President of India even after five years, <\/p>\n<p>when   the   High   Court   decided   the   matter.   But   what   is   relevant   to   test   the <\/p>\n<p>validity   of   the   advertisement,   was   the   intention   of   the   appellant   when   the <\/p>\n<p>advertisement was issued. At that time, the appellant had the clear intention <\/p>\n<p>to   enforce   the   Recruitment   Rules   in   future   as   they   had   been   made   in <\/p>\n<p>consultation   with   UPSC,   in   accordance   with   the   UGC   guidelines   and   the <\/p>\n<p>Rules   had   been   sent   to   the   Central   Government   for   being   notified   by   the <\/p>\n<p>President and the matter was pending consideration for a few months when <\/p>\n<p>the advertisement was issued. The appellant at that time had no inkling that <\/p>\n<p>there   would   be   inordinate   delay   or   the   Rules   may   not   be   notified   by   the <\/p>\n<p>President.   Therefore,   the   advertisement   in   terms   of   the   2000   Recruitment <\/p>\n<p>rules was valid.\n<\/p>\n<p>11.     Even   in   the   absence   of   valid   rules,   it   cannot   be   said   that   the <\/p>\n<p>advertisement was invalid. In exercise of its executive power, the appellant <\/p>\n<p>could   issue   administrative   instructions   from   time   to   time   in   regard   to   all <\/p>\n<p>matters   which   were   not   governed   by   any   statute   or   rules   made   under   the <\/p>\n<p>Constitution   or   a   statute.   In   fact   it   is   the   case   of   the   respondents   that   the <\/p>\n<p><span class=\"hidden_text\">                                              11<\/span><\/p>\n<p>appellant   had   issued   such   instructions   on   20.8.1987   directing   that   the <\/p>\n<p>lecturers   from   UT   cadre   should   be   promoted   as   principals.   In   fact,   the <\/p>\n<p>administrator  of  appellant   had   issued  a   notification   on   13.1.1992  adopting <\/p>\n<p>the   corresponding   Punjab   Rules   to   govern   the   service   conditions   of   its <\/p>\n<p>employees. If so, the administrator of appellant could issue fresh directions <\/p>\n<p>in regard to qualifications for recruitment. The Recruitment Rules made by <\/p>\n<p>the   Administrator   were   duly   notified.   Though   they   were   not   rules   under <\/p>\n<p>Article   309,   they   were   nevertheless   valid   as   administrative   instructions <\/p>\n<p>issued   in   exercise   of   executive   power,   in   the   absence   of   any   other   Rules <\/p>\n<p>governing   the   matter.   Once   the   recruitment   rules,   made   by   the <\/p>\n<p>Administrator,   were   notified,   they   became   binding   executive   instructions <\/p>\n<p>which   would   hold   good   till   the   rules   were   made   under   Article   309.\n<\/p>\n<p>Therefore, the advertisement issued in terms of the said Recruitment Rules <\/p>\n<p>was valid.\n<\/p>\n<p>12.     The Tribunal and High Court also committed an error in holding that <\/p>\n<p>the appellant could not prescribe the qualifications of Ph.D. for the post of <\/p>\n<p>principal   merely   because   earlier  the  said  educational  qualification  was  not <\/p>\n<p>prescribed   or   insisted.     The   Recruitment   Rules   were   made   in   consultation <\/p>\n<p>with   UPSC,   to   give   effect   to   the   UGC   guidelines   which   prescribed   Ph.D.\n<\/p>\n<p><span class=\"hidden_text\">                                                12<\/span><\/p>\n<p>degree as the eligibility qualification for direct recruitment of Principals. In <\/p>\n<p>fact, even the 1976 Punjab Rules prescribed Ph.D. degree as a qualification.\n<\/p>\n<p>In several States, Ph.D. is a requirement for direct recruitment to the post of <\/p>\n<p>a college Principal. When the said qualification is not unrelated to the duties <\/p>\n<p>and functions of the post of Principal and is reasonably relevant to maintain <\/p>\n<p>the   high   standards   of   education,   there   is   absolutely   no   reason   to   interfere <\/p>\n<p>with the provision of the said requirement as an eligibility requirement. It is <\/p>\n<p>now   well   settled   that   it   is   for   the   rule-making   authority   or   the   appointing <\/p>\n<p>authority to prescribe the mode of selection and minimum qualification for <\/p>\n<p>any recruitment. Courts and tribunals can neither prescribe the qualifications <\/p>\n<p>nor   entrench   upon   the   power   of   the   concerned   authority   so   long   as   the <\/p>\n<p>qualifications prescribed by the employer   is reasonably relevant and has a <\/p>\n<p>rational nexus with the functions and duties attached to the post and are not <\/p>\n<p>violative   of   any   provision   of   Constitution,   statute   and   Rules.   [See  J.\n<\/p>\n<p>Rangaswamy vs. Government of Andhra Pradesh  &#8211; 1990 (1) SCC 288 and <\/p>\n<p>P.U. Joshi vs. Accountant General  &#8211; 2003 (2) SCC 632]. In the absence of <\/p>\n<p>any   rules,   under   Article   309   or   Statute,   the   appellant   had   the   power   to <\/p>\n<p>appoint   under   its   general   power   of   administration   and   prescribe   such <\/p>\n<p>eligibility   criteria   as   it   is   considered   to   be   necessary   and   reasonable.\n<\/p>\n<p>Therefore, it cannot be said that the prescription of Ph.D. is unreasonable.\n<\/p>\n<p><span class=\"hidden_text\">                                                13<\/span><\/p>\n<p>13.     The Tribunal and the High Court have held that in the years 1989 and <\/p>\n<p>1991, the Tribunal had accepted the earlier administrative instructions dated <\/p>\n<p>20.8.1987 which required the UT cadre employees to be considered for the <\/p>\n<p>post   has   to   be   followed.   The   fact   that   at   that   time   Ph.D.   degree   was   not <\/p>\n<p>insisted upon, does not mean that for all times to come, Ph.D. degree could <\/p>\n<p>not   be   insisted.   Ph.D.   degree   was   made   a   qualification   because   UGC <\/p>\n<p>guidelines required it for direct recruitment post and the UPSC approved the <\/p>\n<p>same.   Therefore,   merely   because   on   some   earlier   occasions,   the   posts   of <\/p>\n<p>Principal were filled by UT cadre lecturers without Ph.D. degree, it cannot <\/p>\n<p>be argued that the Ph.D. degree cannot be prescribed subsequently.\n<\/p>\n<p>14.     The Tribunal and High Court were not justified in holding that 1976 <\/p>\n<p>Punjab Rules were not applicable on the ground that no material had been <\/p>\n<p>placed to show that they were followed while appointing a principal in the <\/p>\n<p>past.   The fact that the appellant  had issued a notification dated 13.1.1992 <\/p>\n<p>adopting   the   corresponding   Punjab   Rules   governing   the   conditions   of <\/p>\n<p>service of its employees, is not disputed. Therefore when appellant acted in <\/p>\n<p>accordance with the said directions, it is not necessary to consider whether <\/p>\n<p>there were any occasion between 1992 to 2001 to invoke the said rules or <\/p>\n<p>whether they were in fact invoked. The notification dated 13.1.1992 could <\/p>\n<p><span class=\"hidden_text\">                                                14<\/span><\/p>\n<p>not   have   been   brushed   aside   in   the   manner   done   by   the   Tribunal   and   the <\/p>\n<p>High Court.\n<\/p>\n<p>15.     In   view   of   the   above,   we   allow   this   appeal   and   set   aside   the   order <\/p>\n<p>dated 22.4.2002 of the Tribunal and the order dated 26.10.2005 of the High <\/p>\n<p>Court.   The   original   application   (OA   No.648   &#8211;   CH   of   2001)   filed   by <\/p>\n<p>respondents   2   to   5   before   the   Tribunal   is   dismissed.   The   prayer   that <\/p>\n<p>Chandigarh   Administration   should   be   directed   to   fill   the   vacancies   of <\/p>\n<p>Principals in accordance with the eligibility criteria as was prevalent prior to <\/p>\n<p>the   issue   of   the   notification   dated   14.7.2001,   is   rejected.   The   notification <\/p>\n<p>prescribing educational qualification of doctorate degree or equivalent with <\/p>\n<p>55% marks at the Master&#8217;s Degree Level examination or 12 years teaching <\/p>\n<p>experience   of   degree   classes   in   a   college   affiliated   to   any   university   or <\/p>\n<p>equivalent  is upheld as validly prescribing the qualifications for filling the <\/p>\n<p>post by direct recruitment.\n<\/p>\n<p>                                                          &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;..J.<\/p>\n<pre>\n\n                                                          (R V Raveendran)\n\n\n\n\n\nNew Delhi;                                                ...............................J.\n\nSeptember 2, 2011.                                        (Markandey Katju)            \n\n\n<\/pre>\n","protected":false},"excerpt":{"rendered":"<p>Supreme Court of India Chandigarh Admn. Th. Dir. Pub. &#8230; vs Usha Kheterpal Waie &amp; Ors on 2 September, 2011 Author: R.V.Raveendran Bench: R.V. Raveendran, Markandey Katju 1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7570 OF 2011 [Arising out of SLP (C) No.3568\/2006] Chandigarh Administration through the Director [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-31752","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.0 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Chandigarh Admn. Th. Dir. 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