Gujarat Public Service Commission v. Gnaneshwary Dushyantkumar Shah ., 2026 INSC 70 - AICTE Regulations - Recruitment Of Professors
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All India Council for Technical Education (Career Advancement Scheme for the Teachers and Other Academic Staff in Technical Institutions) (Degree) Regulations, 2012 - Whether AICTE Regulations apply to the process of direct recruitment under the State Rules, conducted by the Commission, for filling up the post of Professors in Government Engineering Colleges in the State of Gujarat?- The person to whom the Regulations apply must already be an incumbent or a newly appointed Assistant Professor/Associate Professor or Professor. The Regulations are not Recruitment Rules but are Promotion and Progression Rules - To apply AICTE Regulations to a candidate participating in recruitment for the post of Professors in the Engineering Colleges in the State conducted by the Commission under State Rules framed by the State, would be to stretch the AICTE Regulations beyond its text, context, and purpose. The law does not permit a regulation crafted as a ladder to be used as a gate. Thus, the AICTE Regulations do not apply to the process of direct recruitment under the State Rules. (Para 13-15)
Public Employment - Selection - A candidate having participated in the process of selection, without protest, cannot challenge the Rules of the game after being declared unsuccessful. (Para 18)
Case Info
- Case name and neutral citation: Gujarat Public Service Commission v. Gnaneshwary Dushyantkumar Shah & Ors.; 2026 INSC 70.
- Coram: Pamidighantam Sri Narasimha, J.; Alok Aradhe, J.
- Judgment date: January 19, 2026 (New Delhi).
- Caselaws and citations: Anupal Singh & Others v. State of Uttar Pradesh, (2020) 2 SCC 173.
- Statutes/laws referred:
- All India Council for Technical Education Act, 1987: Sections 10(i), 10(v), 23(1).
- AICTE (Career Advancement Scheme for the Teachers and Other Academic Staff in Technical Institutions) (Degree) Regulations, 2012, including Regulation 2.5, Regulation 3 (stages of promotion), Regulation 3.9, Regulation 6, Appendix-I Table-II(c).
- Government Engineering Colleges Recruitment Rules, 2012 (State Rules).
- Constitution of India: Article 16 (invoked by respondent’s submissions).
