Illegal Appointment Cannot Claim Equality: Jharkhand HC Dismisses Professor’s Appeal
Letters Patent Appeal (LPA No. 219 of 2025)
Issue
Whether the appointment of the petitioner as Assistant Professor of Geology in St. Columba’s College without approval under Section 57 of the Jharkhand State Universities Act, 2000, and without recommendation of the Jharkhand Public Service Commission, was valid and whether he was entitled to salary and consequential benefits on the ground of parity with another similarly appointed teacher.
Rule
Section 57, Jharkhand State Universities Act, 2000 mandates that appointments of teaching staff in universities and affiliated colleges must be made only on the recommendation of the Jharkhand Public Service Commission (JPSC).
In case of conflict, a statutory Act prevails over university statutes or agreements.
Article 14 of the Constitution does not permit negative equality; illegality in one case cannot be relied upon to claim similar benefits.
Application
The petitioner was appointed in 2013, after the Jharkhand State Universities Act, 2000 had come into force.
His appointment was made by the Diocese of Chotanagpur without JPSC recommendation and without approval by the Vice-Chancellor.
The Court held that any earlier university statute or agreement authorising the Diocese could not override the statutory mandate of Section 57.
The plea of parity with another Assistant Professor whose appointment was approved earlier was rejected as negative equality, since an illegal benefit granted to one person cannot be extended to another.
Conclusion
The Court concluded that the petitioner’s appointment was illegal and void ab initio, being contrary to Section 57 of the Jharkhand State Universities Act, 2000. Consequently, he was not entitled to salary, approval of appointment, or continuation in service, and the Letters Patent Appeal was dismissed.
