CHANDIGARH ADMININISTRATION THROUGH THE DIRECTOR PUBLIC INSTRUCTIONS (COLLEGES), CHANDIGARH'versusCHANDIGARH EDUCATIONAL SERVICE (GROUP GAZETTED) GOVERNMENT ARTS AND SCIENCE

                        (2011) 12 S.C.R. 398

A       CHANDIGARH ADMININISTRATION THROUGH THE
        DIRECTOR PUBLIC INSTRUCTIONS (COLLEGES),
                      CHANDIGARH'
                                  V.
               USHA KHETERPAL WAIE AND ORS.
B                 (Civil Appeal No. 7570 of 2011)
                       SEPTEMBER 02, 2011
      [R.V. RAVEENDRAN AND MARKANDEY KATJU, JJ.]

C      CHANDIGARH EDUCATIONAL SERVICE (GROUP A
  GAZETTED) GOVERNMENT ARTS AND SCIENCE
  COLLEGE RULES,                2000:      Appel/ant-Chandigarh
  Administration notified 2000 Rules which were framed in
  consultation with UPSC and sent to the Government of India
D for being issued in the name of President of India - Pending
  consideration of the Rules, the impugned advertisement in
  terms of 2000 Recruitment Rules issued prescribing Ph.D. as
  eligibility criteria for appointf!1ent to the post of Principal -
  Validity of the advertisemen(- Held: At the time of notifying
E 2000 Rules, appellant had no inkling that there would be
  inordinate delay or the Rules may not be notified by the
  President - The appellant had the clear intentkm to enforce
  the 2000 Rules in future as tf:ley had been made in
  consultation with UPSC, in accordance with the UGC
F guidelines and the Rules were sent to the Central Government
  for being notified by the President and the matter was pending
  consideration for a few months when the advertisement was
  issued - Therefore, the advertisement in terms of 2000
  Recruitment Rules was valid - Even in the absence of valid
  rules, it cannot be said that tl1e advertisement was invalid -
G In exercise of ifs executive power, the appellant could issue
  administrative instructions from time to time in regard to all
  maters which were not governed by any statute or rules made
  under the Constitution or a statute.

H                                398
 CHANDIGARH ADMN. TH. THE DIR. PUB. INSTN. v. 399
          USHA KHETERPAL WAIE
     ADMINISTRATIVE LAW.· Executive action - Judicial A
review of - Held: Courts and tribunals can neither prescribe
the qualifications for any recruitment nor entrench upon the
power of the concerned authority so long as the qualifications
prescribed by the employer is reasonably relevant and has
a rational nexus with the functions and duties attached to the B
post and are not violative of any provision of Constitution,
statute and Rules - Chandigarh Educational Service (Group
A Gazetted) Government Arts and Science College Rules,
2000.                                                          .

      SERVICE LAW.· Selection - Mode of selection - Held: C
It is for the rule-making authority or the appointing authority ·
to prescribe the mode of selection and minimum qualification
for any recruitment.
     The appellant framed and notified the "Chandigarh           D
Educational Service (Group A Gazetted) Government Arts
and Science College Rules, 2000 by notification dated
29.3.20Q.O published in the Gazette dated 1 A.2000. The
said Rules were framed in consultation with. the Union
Public Service Commission (UPSC) and sent to the                 E
Government of India for being issued in the name of the
President of India. As per the said Rules, the appointment
to the posts of Principal in Government Arts and Science
Colleges was 25% by direct recruitment and 75% by
promotion. The said rules prescribed the educational             F
qualification of Ph.D. for appointment to the post of
Priricipal by direct recruitment. The appellant advertised
a post of Principal {which was falling vacant on 31.7.2001)
on 14.7.2001 prescribing the following eligibility criteria
as per the said Rules: "Educational and other                    G
qualifications required for direct recruits: Essential: (i) A
Doctorate degree or equivalent with at least 55% marks
at the Master's Degree level from a recognized university
or equivalent; (ii) 12 years teaching experience of degree
classes in a college affiliated to a university or equivalent.   H
    400      SUPREME COURT REPORTS             [2011] 12 S.C.R.


A      Respondents 1 to 4 had joined UT Colleges (Arts &
  Science) cadre in 1969 and 1970 and were serving as
  lecturers in the Government Arts and Science Colleges.
  None of them possessed a Ph.D. degree. They filed OA
  before the Central Administrative Tribunal challenging the
B said Recruitment Rules and the advertisement dated
  14.7.2001, as unconstitutional and for a direction that they
  along with other eligible candidates from the UT cadre
  should be considered for promotion to the said post. The
  Tribunal allowed the application and held that in the
c absence of any recruitment rules prescribing such
  qualification, Ph.D. degree was not an eligibility
  requirement for the post of Principal. The Tribunal,
  therefore, quashed the advertisement dated 14.7.2001
  inviting applications for the post of Principal and directed
  the appellant to fill the vacancy according to law, keeping
0
  in view the eligibility criteria and the past practice till the
  Rules were framed and notified by the competent
  authority. The said order of the Tribunal was challenged
  by the appellant before the High Court. The High Court
  dismissed the writ petition. The instant appeal was filed
E challenging the order of the High Court.

          Allowing the appeal, the Court

       HELD: 1.1. The High Court rejected the
F advertisement on the ground that the regular rules were
  n,ot notified by the President of India even after five years,
  when the High Court decided the matter. But what was
  relevant to test the validity of the advertisement, was the
  intention of the appellant when the advertisement was
G issued. At that time, the appellant had the clear intention
  to enforce the Recruitment Rules in future as they had
  been made in consultation with UPSC, in accordance
  with the UGC guidelines and the Rules had been sent to
  the Central Government for being notified by the
  President and the matter was pending consideration for
H
 CHANDIGARH ADMN. TH. THE DIR. PUB. INSTN. v. 401
          USHA KHETERPAL WAIE
a few months when the advertisement was issued. The         A
appellant at that time had no inkling that there would be
inordinate delay or the Rules may not be notified by the
President. Therefore, the advertisement in terms of the
Chandigarh Educational Service (Group A Gazetted)
Government Arts and Science College Rules, 2000 was         B
valid. [Para 10] [410-C-E]

     1.2. Even in the absence of valid rules, it cannot be
said that the advertisement was invalid. In exercise of its
executive power, the appellant could issue administrative C
instructions from time to time in regard to all matters
which were not governed by any statute or rules made
under the Constitution or a statute. In fact it is the case
of the respondents that the appellant had issued such
instructions on 20.8.1987 directing that the lecturers from
UT cadre should be promoted as principals. In fact, the D
administrator of appellant had issued a notification on
13.1.1992 adopting· the corresponding Punjab Rules to
govern the service conditions of its employees. If so, th~
administrator of appellant could issue fresh directions in
regard to qualifications for recruitment. The Recruitment E
Rules made by the Administrator· were duly notified.
Though they were not rules under Article 309, they were
nevertheless valid as administrative instructions issued
in exercise of executive power, in the absence of any
other Rules governing the matter. Once the recruitment F
rules, made by the Administrator, were notified, they
became binding executive instructions which would hold
good till the rules were made under Article 309. Therefore,
the advertisement issued in terms of the said Recruitment
Rules was valid. [Para 11) [410-F-H; 411-A-B]               G
     Abraham Jaco.b vs. Union of India 1998 (4) SCC 65:
1998 (1) SCR 780; Vimal Kumari vs. State of Haryana 1998
(4) sec 114: 1998 (1) SCR 658 - relied on.
    2. The Tribunal and High Court also committed an        H
    402    SUPREME COURT REPORTS             [2011] 12 S.C.R.

A error in holding that the appellant could not prescribe the
  qualifications of Ph.D. for the post of principal merely
  because earlier the said educational qualificatlon was not
  prescribed or insisted. The Recruitment Rules were made
  In consultation with UPSC, to give effect to the UGC
a guidelines which prescribed Ph.D. degree as the eligibility
  qualification for direct recruitment of Principals. In fact,
  even the Punjab Educational Service (College Grade
  (Class I) Rules, 1976 prescribed Ph.D. degree as a
  qualification. In several States, Ph.D. is a requirement for
c direct recruitment to the post of a college Principal. When
  the said qualification is not unrelated to the duties and
  functions of the post of Principal and is reasonably
  relevant to maintain the high standards of education,
  there is absolutely no reason to interfere with the
  provision of the said requirement as an eligibility
0
  requirement. It Is now well settled that it is for the rule-
  making authority or the appointing authority to prescribe
  the mode of selection and minimum qualification for any
  recruitment. Courts and tribunals can neither prescribe
E the qualifications nor entrench upon the power of the
  concerned authority so long as the qualifications
  prescribed by the employer is reasonably relevant and
  has a rational nexus with the functions and duties
  attached to the post and are not violative of any provision
  of Constitution, statute and Rules. In the absence of any
F rules, under Article 309 or Statute, the appellant had the
  power to appoint under its general power of
  administration and prescribe such eligibility criteria as it
    is considered to be necessary and reasonable. Therefore,
  it cannot be said that the prescription of Ph.D. is
G unreasonable. [Para 12] [411-C-G; 412-A-B]

         J. Rangaswamy vs. Government of Andhra Pradesh 1990
    (1) SCC 288; P. U. Joshi vs. Accountant General 2003 (2)
    SCC 632: 2002 (5) Suppl. SCR 573 - relied ~ :~.
H
CHANDIGARH ADMN. TH. THE DIR. PUB. INSTN. v. 403
         USHA KHETERPAL WAIE
     3. The Tribunal and the High Court have held that in A
the years 1989 and 1991, the Tribunal had accepted the
earlier administrative instructions dated 20.8.1987 which·
required the UT cadre employees to be considered for
the post has to be followed. The fact that at that time
Ph.D. degree was not insisted upon does not mean that B
for all times to come, Ph.D. degree could not be insisted.
Ph.D. degree was made a qualification because UGC
guidelines required it for direct recruitment post and the
UPSC approved the same. Therefore, merely because on
some earlier occasions, the posts of Principal were filled c
by UT cadre lecturers without Ph.D. degree, it cannot be
argued that the Ph.D. degree cannot be prescribed
subsequently. [Para 13] [412-B-D]

    4. The Tribunal and High Court were not justified in
holding that 1976 Punjab Rules were not applicable on D
the ground that no material had been placed to show that
they were followed while appointing a principal in the
past. The fact that the appellant had issu_ed a notification
dated 13.1.1992 adopting the corresponding Punjab
Rules governing the conditions of service of its E
employees, is not disputed. Therefore, when appellant
acted in accordance with the said directions, it is not
necessary to consider whether there were any occasion
between 1992 to 2001 to invoke the said rules or whether
they were in fact invoked. The notification dated 13.1.1992 F
could not have been brushed aside in the manner done
by the Tribunal and the High Court. [Para 14] [412-E-G]

     5. The original application filed by respondents 2 to
5 before the Tribunal is dismissed. The prayer that           G
Chandigarh Administration should be directed to fill the
vacancies of Principals in accordance with the eligibility
criteria as was prevalent prior to the issue of the
notification dated 14.7.2001, is rejected. The notification
                                                              H
    404      SUPREME COURT REPORTS               [2011] 12 S.C.R.


A prescribing educational qualification of doctorate degree
  or equivalent with 55% marks at the Master's Degree
  Level examination or 12 years teaching experience of
  degree classes in a college affiliated to any university or
  equivalent is upheld as validly prescribing the
B qualifications for filling the post by direct recruitment.
  [Para 15] [412-H; 413-A-B]

                          Case Law Reference:
          1998 (1) SCR 780           relied on         Para 10
c         1998 (1) SCR 658           relied on         Para 10
          1990 (1) sec 288           relied on         Para 12
          2002 (5) Suppl. SCR 573 relied on            Para 12

D       CIVIL APPELLATE JURISDICTION : Civil Appeal No.
    7570 of 2011 .

  . _ From the Judgment & Order datf. d 26.10.2005 of the High
  ·court of Punjab and Haryana at Chandigarh in Civil Writ
E Petition No. 16798-CAT of 2003.

          Kamini Kaiswal for the Appellant.

         P.N. Puri, Dhiraj, Reeta Dawan Puri, Binu Tamta, Sushma
    Suri for the Respondents.
F
          The Judgment of the Court was delivered by

          R.V.RAVEENDRAN,J. 1. Leave granted.

      2. There are four Government Arts and Science colleges
G in Union Territory of Chandigarh. Till 1988, the Chandigarh
  Administration, appellanf herein, used to fill the vacancies of
  the post of Principal of the Arts and Science colleges by
  deputation from neighbouring States of Punjab and Haryana.
  When the post of Principal in Government College for Boys,
H Sector 11, Chandigarh was due to fall vacant on 29.2.1988 on
  CHANDIGARH ADMN. TH. THE DIR. PUB. INSTN. v.                 405
  USHA KHETERPAL WAIE [R.V. RAVEENDRAN, J.]
 superannuation of a deputationist, two UT cadre lecturers filed       A
 an application before the Central Administrative Tribunal,
 Chandigarh, seeking a direction that UT cadre lecturers from
 the Government Arts & Science Colleges should be considered
 for the post of Principal instead of taking someone on
 deputation from the neighbouring states. The said application         B
 was ultimately disposed of with a direction to the Chandigarh
 Administration to consider the case of the applicants and other
 lecturers of UT cadre who may fall within the zone of
 consideration as may be determined by a competent authority,
 for regular appointment to the post of Principals of the              c
 Government Arts & Science colleges, on the basis of relevant
 criteria, and appoint those who were found suitable. In
 pursuance of the said order, the Chandigarh Administration
 fixed 30 years experience as Lecturer as the eligibility criterion
 for promotion of lecturers to the post of Principal, though at that   0
 time (1989-90) there were no lecturer with 30 years experience
 in the cadre. As no UT cadre lecturer possessed such
 experience, again deputationists were appointed as Principals
 in the said colleges':'                                           ·

       3. Feeling aggrieved, the UT cadre lecturers again              E
· approached the Tribunal and their applications were allowed
  by the Tribunal by order dated 12.1.1991, quashing the order
  prescribing 30 years experience as also the order appointing
  deputationists. Thereafter, whenever vacancies arose, it is
  stated that the appellant promoted UT cadre lecturers as             F
  Principals. It may be mentioned that persons so promoted did
  not possess a Ph.D. degree.

      4. By notification dated 13.1.1992, Chandigarh
 Administration adopted the corresponding Service Rules of             G
 Punjab with effect from 1.4.1991 to govern the conditions of
 service of its employees, where it had no rules governing the
 matter. The effect of it was that the provisions of Punjab
 Educational Service (College Grade) (Class I) Rules, 1976 (as
 amended in 1983 (for short '1976 Punjab Rules') became                H
    406     SUPREME COURT REPORTS                 [2011) 12 S.C.R.


A applicable in regard to the recruitment of candidates to UT
   college cadre. Under the said 1976 Punjab Rules, the
   qualification and experience for appointment to the service was
  .as under: For direct recruitment : (a) MA, first division or high
   second division (50%) in relevant subject or an equivalent
a  degree of a foreign university with eight years teaching
   experience; (b) Ph.D. with eight years teaching experience; By
   promotion : Experience of working as a lecturer for a minimum
   period of eight years.

C        5. When matters stood thus the Administrator, Chandigarh
   Administration, framed and notified the "Chandigarh
   Educational Service (Group A Gazetted) Government Arts and
   Science College Rules, 2000 (for short 'Recruitment Rules')
   vide notification dated 29.3.2000 published in the Gazette dated
   1.4.2000. The said Rules were framed in consultation with the
D Union Public Service Commission ('UPSC' for short) and sent
   to the Government of India for being issued in the name of the
   President of India. As per the said Rules, the appointment to
   the posts of Princjpal in Government Arts and Science Colleges
   was 25% by direct recruitment and 75% by promotion. The said
E rules prescribed the educational qualification of Ph.D. for
   appointment to the post of Principal by direct recruitment. The
   appellant advertised a post of Principal (which was falling
  ·vacant on 31.7.2001) on 14.7.2001 prescribing the following
   eligibility criteria as per the said Rules- :
F
        "Educational and other qualifications required for direct
         recruits : Essential: (i) A Doctorate degree or equivalent.
        with at least 55% marks at the Master's Degree level from
        a recognized university or equivalent; (ii) 12 years teaching
        experience of degree classes in a college affiliated to a
G
         university or equivalent."

       6. Respondents 1 to 4 had joined UT Colleges (Arts &
  Science) cadre in 1969 and 1970 and were serving as lecturers
  in the Government Arts & Science Colleges. None of them
H possessed a Ph:o. degree. They filed OA No.684/CH/2001
 CHANDIGARH ADMN. TH. THE DIR. PUB. INSTN. v. 407
 USHA KHETERPAL WAIE [R.V. RAVEENDRAN, J.]
before the Central Administrative Tribunal challenged the said       A
Recruitment Rules and the advertisement dated 14.7.2001, as
unconstitutional and for a direction that they along with other
eligible candidates from the UT cadre should be considered
for promotion to the said post. It was contended that the
Administrator of the Union Territory had no power to make the        B
said Recruitment Rules, as it was only the President of India
who was compete.nt to frame such rules under Article 309 of
the Constitution of India. They also contended that on earlier
occasions the appellant had promoted lecturers as Principals
without insisting upon the qualification of Ph.D.; and that though   c
they did not possess Ph.D. degree, having regard to the
eligibility criteria earlier being applied, they were eligible for
being considered for the post of Principals, and the Chandigarh
Administration should fill the vacancies of Principals, by
applying the eligibility criteria which was prevalent prior to the   D
making of the said recruitment rules.

     7. The appellant, in its statement of objections filed before
the Tribunal conceded that the "powerto notify the recruitment
rules for Class I Posts vested with the President of India". The
appellant stated that they had forwarded the Recruitment Rules E
to the government of India under cover of letter dated
21.9.2001, to notify the said Rules under the name of President
of India, and such notification was awaited. They contended that
pending publication of the Rules, they could resort to recruitment
in terms of the draft Rules on the basis of administrative F
instructions. The appellant also contested the application by
contending that the post in question was required to be filled
under the direct recruitment quota, and none of the applicants
were eligible as they did not possess Ph.D. degree, which was
the qualification prescribed by the university Grants G ·
Commission ('UGC' for short) and approved by the UPSC, and
therefore none of them could be considered for appointment
to the said post.
     8. The said application (OA No.648 - CH of 2001) was            H
    408     SUPREME COURT REPORTS                 [2011) 12 S.C.R.


A allowed by the Tribunal, by order dated 22.4.2002. The Tribunal
  held that in the absence of any recruitment rules prescribing
  such qualification, Ph.D. degree was not an eligibility
  r€quirement for the post of Principal. The Tribunal held that
  UGC guidelines would not apply as the Rules providing for 25%
B by direct recruitment was not in force; and that even if the new
  rules were to be duly framed, such Rules would apply only to
  future vacancies and not to the vacancies which arose on
  31.7.2001. The Tribunal held that in the absence of any Rules,
  it was appropriate to take guidance from its earlier judgments
c dated 12.9.1989 and 12.11.1991 which accepted the
  administrative instructions dated 20.8.1987 permitting UT cadre
  lecturers to be promoted as Principals, even though they did
  not possess any Ph.D. degree. The Tribunal also rejected the
  contention of the appellant that as per notification dated
  13.1.1992, the 1976 Punjab Rules became applicable under
0
  which 75% of the posts had to be filled by promotion and 25%
  by direct recruitment with Ph.Das an eligibility requirement, on
  the ground that no material was placed to show that the said
  1976 Punjab Rules were ever ·followed for appointing
  Principals in UT of Chandigarh. The Tribunal therefore quashed
E the advertisement dated 14.7.2001 inviting applications for the
  post of Principal and directed the appellant to fill the vacancy
  according to law, keeping in view the eligibility criteria and the
  past practice till the Rules are framed and notified by the
  competent authority. The said order of the Tribunal was
F challenged by the appellant before the High Court. The High
  Court dismissed the writ petition by impugned order dated
  26.10.2005, affirming the findings of the Tribunal.

       9. Feeling aggrieved, the appellant has filed this appeal
G by special leave raising the following contentions: (i) When
  appellant has framed the draft Rules in consultation with UPSC
  and had been placed the Rules before the central government,
  for being notified under the name of the President of India,
  pending such notification of the Rules, it was entitled to invite
H applications for the post of Principal in terms of the said Rules
 CHANDIGARH ADMN. TH. THE DIR. PUB. INSTN. v. 409
 USHA KHETERPAL WAIE [R.V. RAVEENDRAN, J.]
  JY treating them as draft rules under consideration. (ii) The       A
  Tribunal and the High Court could not substitute the eligibility
  ·equirements prescribed by the appellant. (iii) The Tribunal and
lthe High Court could not have ignored the notification dated
 13.1.1992 adopting the corresponding Punjab Rules to govern
ithe service of its employees wherever there were no rules of         B
ithe Chandigarh Administration. (iv) The 1976 Punjab Rules
-were applicable, and in terms of it, the advertisement for filling
 one post of Principal by direct recruitment by prescribing the
 eligibility requirement of Ph.D was valid. The appellant also
 pointed out that another bench of the Tribunal by order dated        c
 3.8.1995 in OA No.844-CH of 1994 has clearly held that the
 1976 Punjab Rules would apply to recruitment/employment,
 having regard to the notification dated 13.1.1992 of the
 Chandigarh Administration adopting the Punjab Rules; and as
 there was a clear divergence between the two decisions of the        D
 Tribunal, the High Court could not have mechanically affirmed
 the decision of the Tribunal that the 1996 Punjab Rules were
 inapplicable.

      10. The first question for our consideration is whether the
appellant could have prescribed in the advertisement, the             E
educational qualifications for the post of Principal in terms of
its 2000 Recruitment rules. The Administrator of the Chandigarh
Administration made the Chandigarh Educational Service
(Group A} Gazetted Government Arts & Science College Rules,
2000 vide notification dated 29.3.2000 and published it in the        F
Gazette dated 1.4.2000. The said Rules were made in
consultation with the UPSC, taking note of the UGC guidelines
prescribing Ph.D. degree as an eligibility criteria for the post
of Principals to be filled by direct recruitment. The Rules were
sent to the Central Government for being notified in the name         G
of the President of India and were pending consideration. It is
in these circumstances the appellant advertised the post in
terms of the said Rules, by prescribing the educational
qualification of Ph.D. for direct recruitment to the post of
   .
Principal. In Abraham Jacob vs. Union of India [1998 (4) SCC          H
    410     SUPREME COURT REPORTS                [2011] 12 S.C.R.


A 65], this Court held that where draft rules have been made, an
  administrative decision taken to make promotions in
  accordance with the draft rules which were to be finalized later
  on, was valid. In Vimal Kumari vs. State of Haryana [1998 (4)
  SCC 114), this C9urt held that it is open to the Government to
s regulate the service conditions of the employees for whom the
  rules were made, even if they were in their draft stage, provided
  there is a clear intention on the part of the Government to
  enforce those rules in the near future. In this case, the High
  Court however rejected the advertisement on the ground that
c the regular rules were not notified by the President of India even
  after five years, when the High Court decided the matter. But
  what is relevant to test the validity of the advertisement, was
  the intention of the appellant when the advertisement was
  issued. At that time, the appellant had the clear intention to
  enforce the Recruitment Rules in future as they had been made
0
  in consultation with UPSC, in accordance with the UGC
  guidelines and the Rules had been sent to the Central
  Government for being notified by the President and the matter
  was pending consideration for a few months when the
  advertisement was issued. The appellant at that time had no
E inkling that there would be inordinate delay or the Rules may
  not be notified by the President. Therefore, the advertisement
  in terms of the 2000 Recruitment rules was valid.

        11. Even in the absence of valid rules, it cannot be said
F that the advertisement was invalid. In exercise of its executive
  power, the appellant could issue administrative instructions
  from time to time in regard to all matters which were not
  governed by any statute or rules made under the Constitution
  or a statute. In fact it is the case of the respondents that the
G appellant had issued such instructions on 20.8.1987 directing
  that the lecturers from UT cadre should be promoted as
  principals. In fact, the administrator of appellant had issued a
  notification on 13.1.1992 adopting the corresponding Punjab
  Rules to govern the service conditions of its employees. If so,
H the administrator of appellant could issue fresh directions in
 CHANDIGARH ADMN. TH. THE DIR. PUB. INSTN. v. 411
 USHA KHETERPAL WAIE [R.V. RAVEENDRAN, J.]
regard to qualifications for recruitment The Recruitment Rules         A
made by the Administrator were duly notified. Though they were
not rules under Article 309, they were nevertheless valid as
administrative instructions issued in exercise of executive
power, in the absence of any other Rules governing the matter.
Once the recruitment rules, made by the Administrator, were            B
notified, they became binding executive instructions which
would hold good till the rules were made under Article 309.
Therefore, the advertisement issued in terms of the said
Recruitment Rules was valid.

     12. The Tribunal and High Court also committed an error
                                                                       c
in holding that the appellant could not prescribe the
qualifications of Ph.D. for the post of principal merely because
earlier the said educational qualification was not prescribed or
insisted. The Recruitment Rules were made in consultation with
UPSC, to give effect to the UGC guidelines which prescribed            D
Ph.D. degree as the eligibility qualification for direct recruitment
of Principals. In fact, even the 1976 Punjab Rules prescribed
Ph.D. degree as a qualification,,ln several States, Ph.D. is a
requirement for direct recruitment to the post of a college
Principal. When the said qualification is not unrelated to the         E
duties and functions of the post of Principal and is reasonably
relevant to maintain the high standards of education, there is
absolutely no reason to interfere with the provision of the said
requirement as an eligibility requirement. It is now well settled
that it is for the rule-making authority or the appointing authority   F
to prescribe the mode of selection and minimum qualification
for any recruitment. Courts and tribunals can neither prescribe
the qualifications nor entrench upon the power of the concerned
authority so long as the qualifications prescribed by the
employer is reasonably relevant and has a rational nexus with          G
the functions and duties attached to the post and are not
violative of any provision of Constitution, statute and Rules.
[See J. P?angaswamy vs. Government of Andhra Pradesh -
1990 (1) sec 288 and P.U. Joshi vs. Accountant General -
2003 (2) sec 632]. In the absence of any rules, under Article          H
   412      SUPREME COURT REPORTS                 [2011] 12 S.C.R.


A 309 or Statute, the appeliant had the power to appoint under
  its general power of administration and prescribe such eligibility
  criteria as it is considered to be necessary and reasonable.
  Therefore, it cannot be said that the prescription of Ph.D. is
  unreasonable.
B
        13. The Tribunal and the High Court have held that in the
  years 1989 and 1991, the Tribunal had accepted the earlier
  administrative instructions dated 20.8.1987 which required the
  UT cadre employees to be considered for the post has to be
C followed. The fact that at that time Ph.D. degree was not insisted
  upon, does not mean that for all times to come, Ph.D. degree
  could not be insisted. Ph.D. degree was made a qualification
  because UGC guidelines required it for direct recruitment post
  and the UPSC approved the same. Therefore, merely because
  on some earlier occasions, the posts of Principal were filled
D by UT cadre lecturers without Ph.D. degree, it cannot be argued
  that the Ph.D. degree cannot be prescribed subsequently.

       14. The Tribunal and High Court were not justified in
  holding that 1976 Punjab Rules were not applicable on the
E ground that no material had been placed to show that they
  were followed while appointing a principal in the past. The fact
  that the appellant had issued a notification dated 13.1.1992
  adopting the corresponding Punjab Rules governing the
  conditions of service of its employees, is not disputed.
F Therefore when appellant acted in accordance with the said
  directions, it is not necessary to consider whether there were
  any occasion between 1992 to 2001 to invoke the said rules
  or whether they were in fact invoked. The notification dated
  13.1.1992 could not have been brushed aside in the manner
G done by the Tribunal and the High Court.
       15. In view of the above, we allow this appeal and set aside
  the order dated 22.4.2002 of the Tribunal and the order dated
  26.10.2005 of the High Court. The original application (OA
  No.648 - CH of 2001) filed by respondents 2 to 5 before the
H Tribunal is dismissed. The prayer that Chandigarh
 CHANDIGARH ADMN. TH. THE DIR. PUB. INSTN. v.                 413
 USHA KHETERPAL WAIE [R.V. RAVEENDRAN, J.]
Administration should be directed to fill the vacancies of            A
Principals in accordance with the eligibility criteria as was
prevalent prior to the issue of the notification dated 14.7.2001,
is rejected. The notification prescribing educational qualification
of doctorate degree or equivalent with 55% marks at the
Master's Degree Level examination or 12 years teaching                B
experience of degree classes in a college affiliated to any
university or equivalent is upheld as validly prescribing the
qualifications for filling the post by direct recruitment.

D.G.                                            Appeal allowed.