Supreme Court ruling on applicability of AICTE Regulations in direct recruitment of Professors.
SC ON AICTE REGULATIONS NOT APPLICABLE TO DIRECT RECRUITMENT OF PROFESSORS
CASE SUMMARY – The Supreme Court in Gujarat Public Service Commission vs. Gnaneshwary Dushyantkumar Shah & Ors, held that AICTE (Career Advancement Scheme) Regulations, 2012 do not apply to direct recruitment of Professors conducted under State Recruitment Rules. The respondent candidate, unsuccessful in an interview conducted by Gujarat Public Service Commission, challenged the process after participation by invoking AICTE Regulations. The Court ruled that AICTE Regulations govern career progression of incumbent teachers and not initial appointments. It further held that a candidate who participates without protest cannot challenge the selection process later. Consequently, the High Court’s order was set aside and the recruitment process upheld.
| ASPECTS | DETAILS |
| Case Title | Gujarat Public Service Commission vs. Gnaneshwary Dushyantkumar Shah & Ors. |
| Introduction | The Supreme Court examined whether AICTE Regulations, 2012 governing Career Advancement Scheme apply to direct recruitment of Professors conducted under State Recruitment Rules by the Gujarat Public Service Commission. |
| Factual Background | GPSC issued an advertisement in 2015 for appointment of Professors, including one post of Professor (Plastic Engineering). The respondent candidate appeared in the interview, failed to secure minimum qualifying marks, and was not selected. After failure, she challenged the selection process invoking AICTE Regulations, 2012. |
| Legal Issues | Whether AICTE (CAS) Regulations, 2012 apply to direct recruitment of Professors under State Recruitment Rules. |
| Applicable Law |
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| Analysis | The Court held that AICTE Regulations govern career advancement and promotion of incumbent teachers, not initial recruitment. State Recruitment Rules validly governed the process. Candidate, having participated without protest, was estopped from challenging the selection method. |
| Conclusion | The Supreme Court set aside the High Court Division Bench judgment and upheld the recruitment process conducted by GPSC. |
| Current Scenario | The recruitment pursuant to the 2015 advertisement stands valid and concluded; no fresh selection required. |
SOURCE – SUPREME COURT OF INDIA
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