Mandeep Singh vs State of Punjab 2025 INSC 834- Public Employment - Adoption By Incorporation - Art. 14 Constitution
Public Employment -Supreme Court quashed the entire recruitment of Assistant Professors and Librarians in Government Degree Colleges in the State and directed the State to initiate the recruitment process as per the 2018 UGC Regulations which are now in force in the State of Punjab and observed: These posts were within the purview of the Commission. Thus, selection of these posts 22 was within the purview of the State Commission, and it was mandatory that it ought to be consulted. (Para 24)
Interpretation of Statutes - In case of adoption by incorporation, the subsequent amendment or repeal of the incorporated statute will be of no consequences on the incorporation. The adoption then becomes frozen at the point in time when the incorporation was made. But the question whether a provision of law is adopted by reference or incorporation also depends upon the language of the order/statute in which such provision is being adopted. It may also depend upon the conduct of the State and how it has been recognised and accepted in that State. (Para 38)
Constitution of India- Article 14 - The State and its instrumentalities have a duty and responsibility to act fairly and reasonably in terms of the mandate of Article 14 of the Constitution. Any decision taken by the State must be reasoned, and not arbitrary. This Court has consistently held that when a thing is done in a post-haste manner, mala fides would be presumed, and further that anything done in undue haste can also be termed as arbitrary and cannot be condoned in law. (Para 52) State is entitled to change its policy, yet a sudden change without valid reasons will always be seen with suspicion. Even in cases where there is no statutory prescription of any particular way of doing a thing, the executive must observe the long-standing practice, and a deviation from such a practice would require passing the muster of reasonableness, which is a facet of Article 14 of the Constitution. (Para 58)
Legal Maxims and Doctrines - When the law prescribes a thing to be done in a particular manner, then it should be done in that manner alone. (Para 57)
Case Info
Case Name and Neutral Citation
- Case Name: Mandeep Singh & Ors. v. State of Punjab and Ors.
- Neutral Citation: 2025 INSC 834
Coram
- Justice Sudhanshu Dhulia
- Justice K. Vinod Chandran
Judgment Date
- Date: 14 July 2025
Caselaws and Citations Referred
- State of U.P v. Manbodhan Lal Srivastava1957 SCC OnLine SC 4
- Kalyani Mathivanan v. KV Jeyaraj & Ors.(2015) 6 SCC 363
- Gambhirdan K. Gadhvi v. State of Gujarat(2022) 5 SCC 179
- State of T.N. v. Adhiyaman Educational & Research Institute(1995) 4 SCC 104
- Cherukuri Mani v. Chief Secretary, Govt of Andhra Pradesh & Ors.(2015) 13 SCC 722
- Dharmin Bai Kashyap v. Babli Sahu(2023) 10 SCC 461
- Nazir Ahmed v. King-Emperor(LR 63 IA 372)
- Babu Verghese & Ors. v. Bar Council of India & Ors.(1999) 3 SCC 422
- Bannari Amman Sugars Ltd. v. CTO(2005) 1 SCC 625
- Sivanandan C.T. v. High Court of Kerala(2024) 3 SCC 799
- Ramana Dayaram Shetty v. International Airport Authority of India(1979) 3 SCC 489
- Fuljit Kaur v. State of Punjab(2010) 11 SCC 455
- Bahadursinh Lakhubhai Gohil v. Jagdishbhai M. Kamalia(2004) 2 SCC 65
- Zenit Mataplast (P) Ltd. v. State of Maharashtra(2009) 10 SCC 388
- S.P. Kapoor (Dr.) v. State of H.P.(1981) 4 SCC 716 : 1982 SCC (L&S) 14 : AIR 1981 SC 2181
- M.P. Hasta Shilpa Vikas Nigam Ltd. v. Devendra Kumar Jain(1995) 1 SCC 638 : 1995 SCC (L&S) 364 : (1995) 29 ATC 159
- Haji T.M. Hassan Rawther v. Kerala Financial Corpn.(1988) 1 SCC 166 : AIR 1988 SC 157
- S.G. Jaisinghani v. Union of IndiaAIR 1967 SC 1427
- Collector of Customs v. Nathella Sampathu ChettyAIR 1962 SC 316 : (1962) 3 SCR 786
- New Central Jute Mills Co. Ltd. v. Assistant Collector of Central Excise(1970) 2 SCC 820 : AIR 1971 SC 454 : (1971) 2 SCR 92
- Mahindra & Mahindra Ltd. v. Union of India(1979) 2 SCC 529
Statutes/Laws Referred
- Constitution of India
- Article 320 (Functions of Public Service Commissions)
- Article 14 (Right to Equality)
- Article 311 (Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State)
- Article 254 (Inconsistency between laws made by Parliament and laws made by the Legislatures of States)
- Entry 66 of List I (Union List) of the Seventh Schedule
- Entry 25 of List III (Concurrent List) of the Seventh Schedule
- Punjab Public Service Commission (Limitation of Functions) Regulations, 1955
- UGC Act, 1956
- Section 26(1)(e) and (g)
- UGC (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2010
- UGC Regulations, 2018
- Punjab Educational Service (College Cadre) (Class II) Rules, 1976
- Government of India Act, 1919 (Section 96C)
- Government of India Act, 1935 (Section 264, 266)
