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
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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
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Final Decision
Appeals allowed -- Termination orders set aside -- Appellants reinstated with continuity of service -- 50% back wages granted from date of termination till reinstatement
2026 LawText (SC) (02) 47
Civil Appeal No. 797 of 2026 (Arising out of S.L.P. (C) No. 5431 of 2026), Civil Appeal No. 798 of 2026 (Arising out of S.L.P. (C) No. 981 of 2023), Civil Appeal No. 799 of 2026 (Arising out of S.L.P. (C) No. 3595 of 2023)
RAJESH BINDAL J. , VIJAY BISHNOI J.
Priyanka Kumari and Ors., Sanjay Kumar Rai and Ors., Ganesh Kumar Singh and Anr.
The State of Bihar and Ors.
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Nature of Litigation: Civil appeals challenging termination of services as librarians
Remedy Sought
Appellants sought reinstatement with back wages and continuity of service
Filing Reason
Termination based on degrees obtained from university established under statute later declared ultra vires
Previous Decisions
High Court dismissed Letters Patent Appeals upholding termination -- Single Judge dismissed writ petitions challenging termination
Issues
Whether termination of appellants based on degrees from university established under statute later declared ultra vires was valid
Whether principle of prospective overruling applies to protect qualifications obtained before judgment declaring statute invalid
Submissions/Arguments
Appellants argued degrees obtained before 2005 judgment should be protected under prospective overruling -- State argued degrees became invalid once Act declared ultra vires and prospective overruling does not apply
Ratio Decidendi
Principle of prospective overruling applies to protect actions taken before declaration of statute as ultra vires -- Students who obtained degrees in good faith from institutions established under then-valid statutes should not suffer -- Degrees obtained before judgment declaring Act invalid remain valid for employment purposes
Judgment Excerpts
Held that the principle of prospective overruling has to be applied in the case in hand
Held that the appellants obtained the degree in the year 2004 when the University was recognized and the 2002 Act was in force
Held that the appellants are entitled to reinstatement with continuity of service and 50% back wages
Procedural History
2004 -- Appellants obtained B.Lib degrees from University -- 2005 -- Supreme Court declared 2002 Act ultra vires -- 2010 -- Appellants appointed as librarians -- 2015 -- Services terminated -- 2016 -- Writ petitions filed in High Court -- 2018 -- Single Judge dismissed writ petitions -- 2019 -- Letters Patent Appeals dismissed -- 2026 -- Supreme Court appeals filed
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