Case Note & Summary
The Supreme Court allowed three civil appeals filed by librarians terminated by the State of Bihar. The appellants had obtained Bachelor of Library Science degrees in 2004 from University of Technology and Science, Raipur, which was established under Chhattisgarh Niji Kshetra Vishwavidyalaya Act, 2002. This Act was declared ultra vires by the Supreme Court in 2005 in Professor Yashpal's case. The appellants were appointed as librarians in 2010 but terminated in 2015 after a PIL challenged their qualifications. The High Court upheld the termination. The Supreme Court applied the principle of prospective overruling, holding that degrees obtained before the 2005 judgment declaring the Act invalid should be protected. The Court directed reinstatement with continuity of service and 50% back wages, emphasizing that students who acted in good faith based on then-valid statutes should not suffer.
Headnote
The Supreme Court allowed appeals filed by librarians terminated from service by the State of Bihar -- The appellants were appointed as librarians in 2010 based on Bachelor of Library Science degrees obtained in 2004 from University of Technology and Science, Raipur -- The university was established under Chhattisgarh Niji Kshetra Vishwavidyalaya Act, 2002 (2002 Act) which was declared ultra vires by the Supreme Court in 2005 -- The High Court had upheld the termination orders -- The Supreme Court held that the principle of prospective overruling applied to protect the appellants' degrees obtained before the 2005 judgment -- The Court directed reinstatement with continuity of service and 50% back wages -- The judgment emphasized protecting students who acted in good faith based on then-valid statutes
Issue of Consideration
Whether the termination of appellants from librarian posts based on degrees obtained from a university established under a statute later declared ultra vires was justified, and whether the principle of prospective overruling applies to protect their qualifications
Final Decision
Appeals allowed -- Termination orders set aside -- Appellants reinstated with continuity of service -- 50% back wages granted from date of termination till reinstatement
Law Points
- Prospective overruling principle protects actions taken before declaration of statute as ultra vires
- Legislative competence determines validity of statutes
- Protection of students' interests when statutes are declared invalid
- Recognition of degrees obtained from institutions established under subsequently invalidated laws
