Case Note & Summary
The dispute arose from the cancellation of an appointment offer to the appellant for the post of Director at the All India Council for Technical Education (AICTE) after he was selected through a proper process. The appellant, who was serving as Director at Hemchandracharya North Gujarat University since August 2000, applied for the AICTE position following an advertisement. After being selected, he accepted the offer and requested his university to relieve him for the new role. However, the offer was withdrawn by the respondents on the grounds that the appellant's current pay was higher than the offered position, which they claimed was against the rules. The appellant challenged this cancellation in the Gujarat High Court, which dismissed his writ petition, stating he had no right to the post. The Supreme Court analyzed the nature of the appointment, distinguishing between a transfer on deputation and an appointment on deputation. It concluded that the appellant had a right to join the post as the cancellation was arbitrary and lacked valid justification. The court directed the respondents to accept the appellant's joining and set aside the High Court's order, emphasizing adherence to Articles 14 and 16 of the Constitution regarding fair treatment in employment. The appeal was allowed, and the respondents were instructed to facilitate the appellant's appointment within a week.
Headnote
A) Administrative Law - Appointment on Deputation - Right to Join - Constitution of India, Articles 14, 16 - The court held that once a candidate is selected and offered an appointment on deputation, the offer cannot be cancelled without valid grounds such as unsuitability or unsatisfactory performance. The distinction between transfer on deputation and appointment on deputation was emphasized, affirming the appellant's right to join the post as the cancellation was arbitrary and violated constitutional provisions (Paras 12-15).
Issue of Consideration
Whether the appellant had a right to join the post of Director on deputation after the cancellation of the offer of appointment.
Final Decision
The Supreme Court allowed the appeal, set aside the cancellation of the appointment offer, and directed the respondents to accept the appellant's joining within one week.
Law Points
- deputation
- appointment
- Article 14
- Article 16
- administrative law
- employment rights
