Case Details: Gujarat Public Service Commission vs. Gnaneshwary Dushyantkumar Shah - [2026] 182 taxmann.com 503 (SC)
Judiciary and Counsel Details
- Pamidighantam Sri Narasimha & Alok Aradhe, JJ.
Facts of the Case
In the instant case, the appellant-Commission issued an advertisement for recruitment to the post of Professor in the Government Engineering Colleges in Gujarat under the Government Engineering Colleges Recruitment Rules, 2012.
The Respondent-candidate applied for the post, appeared in an interview, but was not recommended for the selection. She filed a writ petition invoking the AICTE (Career Advancement Scheme) Regulations, 2012 and challenging the selection process. The Single Judge dismissed the writ petition.
The Division Bench held that the AICTE Regulations governed even direct recruitment to the post of Professor in the Government Engineering Colleges, invalidated the selection process for the post, set aside the Single Judge’s order, and directed the Commission to constitute the selection committee and evaluate candidates adhering to the AICTE Regulations.
Supreme Court Held
The Supreme Court observed that the AICTE Regulations are not recruitment regulations but rather regulations framed to advance the careers of incumbent teachers already embedded in the academic system. Therefore, the AICTE Regulations do not apply to the process of direct recruitment under the State Rules.
The Supreme Court held that, since the candidate had participated in the selection process without protest, she could not challenge the Rules of the game after being declared unsuccessful. Thus, the impugned order passed by the Division Bench was to be quashed and set aside.
List of Cases Reviewed
- Order of High Court of Gujarat (Division Bench) in LPA-866-2025, dated 20.08.2025 (para 20) set aside
- Anupal Singh v. State of Uttar Pradesh (2020) 2 SCC 173 (para 18) followed
List of Cases Referred to
- Anupal Singh v. State of Uttar Pradesh (2020) 2 SCC 173 (para 18).
The post AICTE CAS Regulations Not Applicable to Direct Professor Recruitment | SC appeared first on Taxmann Blog.
