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ASHOK KUMAR SONKAR vs. UNION OF INDIA AND ORS.

SCR Citation: [2007] 3 S.C.R. 95
Year/Volume: 2007/ Volume 3
Date of Judgment: 23 February 2007
Petitioner: ASHOK KUMAR SONKAR
Disposal Nature: Appeal Dismissed
Neutral Citation: 2007 INSC 206
Judgment Delivered by: Hon'ble Mr. Justice S.B. Sinha
Respondent: UNION OF INDIA AND ORS.
Case Type: CIVIL APPEAL /4761/2006
Order/Judgment: Judgment
1. Headnote

Service Law-Appointment-Cut-off date for possession of requisite educational qualification-Held-In absence of any rule or any specific date having been fixed in advertisement, it would be last date for filing of application-It was more so as possession of educational qualification was mandatory, and could not be uncertain. Banaras Hindu University Act, 1915-Sections 5, 6 and 17-Power of Visitor-Held-Express power has been conferred upon Visitor to annul any proceeding of University, only condition being that it should be not in conformity with statutes or ordinances-Selection process of lecturer falls within its scope, especially as it had to conform to Articles 14 and 16 of Constitution of India, 1950 and terms of Act or statute or ordinances governing the field-Ordinarily, principle of natural justice should be followed, but not in case where no prejudice is shown, and following them would be a futile exercise-On facts, held, as selection of lecturer was illegal since he was not qualified on cut off date, it would have been futile for Visitor to give him opportunity of being heard-Court could not invoke its equity jurisdiction as Articles I 4 and 16 of the Constitution, and statutory rules were not complied with-It was not a case appointment being irregular, but one of its being non est in eye of law and a nullity.

2. Case referred
3. Act
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4. Keyword
  • Service Law-Appointment-Cut-off date for possession of requisite
5. Equivalent citation
    Citation(s) 2007 (4) SCC 54 = 2007 (4) Suppl. SCC 54 = 2007 (6) JT 127 = 2007 (6) Suppl. JT 127 = 2007 (3) SCALE 517